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Informative Precedent and Intrajudicial Communication

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  • de Mesquita, Ethan Bueno
  • Stephenson, Matthew

Abstract

We develop an informational model of judicial decision-making in which deference to precedent is useful to policy-oriented appellate judges because it improves the accuracy with which they can communicate legal rules to trial judges. Our simple model yields new implications and hypotheses regarding conditions under which judges will maintain or break with precedent, the constraining effect that precedent has on judicial decision-making, the voting behavior of Supreme Court Justices, the relationship between a precedent's age and its authority, the effect of legal complexity on the level of deference to precedent, the relative stability of rules and standards, and long-term patterns of legal evolution. Perhaps most importantly, we demonstrate that “legalist†features of judicial decision-making are consistent with an assumption of policy-oriented judges.

Suggested Citation

  • de Mesquita, Ethan Bueno & Stephenson, Matthew, 2002. "Informative Precedent and Intrajudicial Communication," American Political Science Review, Cambridge University Press, vol. 96(4), pages 755-766, December.
    • Handle: RePEc:cup:apsrev:v:96:y:2002:i:04:p:755-766_00
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    Citations

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    Cited by:

    1. Harnay, Sophie & Marciano, Alain, 2003. "Judicial conformity versus dissidence: an economic analysis of judicial precedent," International Review of Law and Economics, Elsevier, vol. 23(4), pages 405-420, December.
    2. Matthew C. Stephenson, 2009. "Legal Realism for Economists," Journal of Economic Perspectives, American Economic Association, vol. 23(2), pages 191-211, Spring.
    3. Ying Chen & Hulya Eraslan, 2018. "Learning While Setting Precedents," Koç University-TUSIAD Economic Research Forum Working Papers 1810, Koc University-TUSIAD Economic Research Forum.
    4. Joshua A Strayhorn, 2019. "Competing signals in the judicial hierarchy," Journal of Theoretical Politics, , vol. 31(3), pages 308-329, July.
    5. Nicola Gennaioli & Andrei Shleifer, 2008. "Judicial Fact Discretion," The Journal of Legal Studies, University of Chicago Press, vol. 37(1), pages 1-35, January.
    6. Ying Chen & Hülya Eraslan, 2020. "Learning while setting precedents," RAND Journal of Economics, RAND Corporation, vol. 51(4), pages 1222-1252, December.
    7. Tom S Clark, 2016. "Scope and precedent: judicial rule-making under uncertainty," Journal of Theoretical Politics, , vol. 28(3), pages 353-384, July.
    8. Adam B. Badawi & Scott Baker, 2015. "Appellate Lawmaking in a Judicial Hierarchy," Journal of Law and Economics, University of Chicago Press, vol. 58(1), pages 139-172.
    9. Udi Sommer, 2011. "How rational are justices on the Supreme Court of the United States? Doctrinal considerations during agenda setting," Rationality and Society, , vol. 23(4), pages 452-477, November.
    10. Giri Parameswaran, 2012. "Ruling Narrowly: Learning and Law Creation," Working Papers 1419, Princeton University, Department of Economics, Econometric Research Program..
    11. Nicola Gennaioli & Andrei Shleifer, 2005. "The Evolution of Precedent," NBER Working Papers 11265, National Bureau of Economic Research, Inc.

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