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Why Stare Decisis?

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  • Anderlini, Luca
  • Felli, Leonardo
  • Riboni, Alessandro

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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Bibliographic Info

Paper provided by C.E.P.R. Discussion Papers in its series CEPR Discussion Papers with number 8266.

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Date of creation: Feb 2011
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Handle: RePEc:cpr:ceprdp:8266

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Keywords: Case Law; Precedents; Stare Decisis; Time-Inconsistency;

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References

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Cited by:
  1. Anderlini, Luca & Felli, Leonardo & Immordino, Giovanni & Riboni, Alessandro, 2011. "Legal Institutions, Innovation and Growth," CEPR Discussion Papers 8433, C.E.P.R. Discussion Papers.

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