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Why Stare Decisis?

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  • Luca Anderlini
  • Leonardo Felli
  • Alessandro Riboni

Abstract

All Courts rule ex-post, after most economic decisions are sunk. This might generate a time-inconsistency problem. From an ex-ante perspective, Courts will have the (ex-post) temptation to be excessively lenient. This observation is at the root of the principle of stare decisis. Stare decisis forces Courts to weigh the benefits of leniency towards the current parties against the beneficial effects that tougher decisions have on future ones. We study these dynamics and find that stare decisis guarantees that precedents evolve towards ex-ante efficient decisions, thus alleviating the Courts’ time-inconsistency problem. However, the dynamics do not converge to full efficiency

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Paper provided by David K. Levine in its series Levine's Working Paper Archive with number 661465000000000068.

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Date of creation: 16 Jun 2010
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Handle: RePEc:cla:levarc:661465000000000068

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Cited by:
  1. Luca Anderlini & Leonardo Felli & Giovanni Immordino & Alessandro Riboni, 2010. "Legal Institutions, Innovation and Growth," CSEF Working Papers 256, Centre for Studies in Economics and Finance (CSEF), University of Naples, Italy.

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