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Precedent and Doctrine in a Complicated World

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  • CALLANDER, STEVEN
  • CLARK, TOM S.

Abstract

Courts resolve individual disputes and create principles of law to justify their decisions and guide the resolution of future cases. Those tasks present informational challenges that affect the whole judicial process. Judges must simultaneously learn about (1) the particular facts and legal implications of any dispute; (2) discover the doctrine that appropriately resolves the dispute; and (3) attempt to articulate those rules in the context of a single case so that future courts may reason from past cases. We propose a model of judicial learning and decision making in which there is a complicated relationship between facts and legal outcomes. The model has implications for many of the important questions in the judicial process, including the dynamics of common law development, the path-dependent nature of the law, and optimal case selection by supervisory courts.

Suggested Citation

  • Callander, Steven & Clark, Tom S., 2017. "Precedent and Doctrine in a Complicated World," American Political Science Review, Cambridge University Press, vol. 111(1), pages 184-203, February.
    • Handle: RePEc:cup:apsrev:v:111:y:2017:i:01:p:184-203_00
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    Citations

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    Cited by:

    1. Trebbi, Francesco & Weese, Eric & Wright, Austin L. & Shaver, Andrew, 2020. "Insurgent Learning," Journal of Political Institutions and Political Economy, now publishers, vol. 1(3), pages 417-448, August.
    2. Ying Chen & Hulya Eraslan, 2018. "Learning While Setting Precedents," Koç University-TUSIAD Economic Research Forum Working Papers 1810, Koc University-TUSIAD Economic Research Forum.
    3. Zapal, Jan, 2020. "Simple Markovian equilibria in dynamic spatial legislative bargaining," European Journal of Political Economy, Elsevier, vol. 63(C).
    4. Ying Chen & Hülya Eraslan, 2020. "Learning while setting precedents," RAND Journal of Economics, RAND Corporation, vol. 51(4), pages 1222-1252, December.
    5. Álvaro Bustos & Nuno Garoupa, 2020. "An Integrated Theory of Litigation and Legal Standards," Documentos de Trabajo 536, Instituto de Economia. Pontificia Universidad Católica de Chile..
    6. Clark, Tom S. & Montagnes, B. Pablo & Spenkuch, Jörg L., 2022. "Politics from the Bench? Ideology and Strategic Voting in the U.S. Supreme Court," Journal of Public Economics, Elsevier, vol. 214(C).
    7. JBrandon Duck-Mayr, 2022. "Explaining legal inconsistency," Journal of Theoretical Politics, , vol. 34(1), pages 107-126, January.
    8. Anderlini, Luca & Felli, Leonardo & Riboni, Alessandro, 2020. "Legal efficiency and consistency," European Economic Review, Elsevier, vol. 121(C).
    9. Patty, John & Turner, Ian R, 2024. "Strange Bedfellows: How the Need for Good Governance Shapes Budgetary Control of Bureaucracy," OSF Preprints pnx2u, Center for Open Science.

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