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Learning the Law Together: Judges, Litigants, and Case-by-Case Adjudication

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  • Charles M. Cameron
  • Lewis A. Kornhauser

Abstract

We examine a model of case-by-case learning by judges and litigants. A judge hearing cases learns partial information about the best legal rule, gradually partitioning the case space. The evolution of doctrine is path dependent but displays strong limit properties, converging to the best legal rule. Litigant behavior strongly affects the speed of convergence. If existing case law induces litigants to modify their behavior, convergence is faster because more cases bring new information. Also, if processing information about cases is costly, the judge will optimally stop learning before convergence, leaving residual uncertainty in the law and some cases wrongly decided.

Suggested Citation

  • Charles M. Cameron & Lewis A. Kornhauser, 2023. "Learning the Law Together: Judges, Litigants, and Case-by-Case Adjudication," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 179(1), pages 65-87.
    • Handle: RePEc:mhr:jinste:urn:doi:10.1628/jite-2023-0001
    DOI: 10.1628/jite-2023-0001
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    More about this item

    Keywords

    courts; judiciallearning; adjudication;
    All these keywords.

    JEL classification:

    • D83 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Search; Learning; Information and Knowledge; Communication; Belief; Unawareness

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