Judicial Dissent under Externalities and Incomplete Information
The issue of the stability and change of legal rules occupies a central place in the discussions of alternative ways of organizing justice and the provision of legal rules. There nonetheless remains a theoretical aspect that has never been raised in the literature on judicial decision making and legal change. Judges that are not bound by precedent and can change the law directly by overruling previous decisions have to make a particular decision about the direction the new precedent will take. We show that under incomplete information about judges’ eagerness to choose according to their ideal points, there are two candidates for the particular legal rule that is to become the new precedent: (i) judge’s private optimum; and (ii) some other legal rule that can differ from (i) and corresponds to the empirical and normative expectations of a large subset of judges within the judicial population. The individual judge that has decided not to stick to the precedent faces therefore a trade-off, he has to ch oose among alternative legal rules that yield alternative levels of public and private satisfaction of preferences.
Volume (Year): 6 (2012)
Issue (Month): 3 (October)
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- Anthony Niblett & Richard A. Posner & Andrei Shleifer, 2010.
"The Evolution of a Legal Rule,"
The Journal of Legal Studies,
University of Chicago Press, vol. 39(2), pages 325 - 358.
- Shleifer, Andrei & Niblett, Anthony & Posner, Richard A., 2010. "The Evolution of a Legal Rule," Scholarly Articles 8687032, Harvard University Department of Economics.
- Anthony Niblett & Richard A. Posner & Andrei Shleifer, . "The Evolution of a Legal Rule," Working Paper 19510, Harvard University OpenScholar.
- Anthony Niblett & Richard Posner & Andrei Shleifer, 2008. "The Evolution of a Legal Rule," NBER Working Papers 13856, National Bureau of Economic Research, Inc.
- Whitman, Douglas Glen, 2000. "Evolution of the Common Law and the Emergence of Compromise," The Journal of Legal Studies, University of Chicago Press, vol. 29(2), pages 753-81, June.
- Landes, William M & Posner, Richard A, 1976.
"Legal Precedent: A Theoretical and Empirical Analysis,"
Journal of Law and Economics,
University of Chicago Press, vol. 19(2), pages 249-307, August.
- William M. Landes & Richard A. Posner, 1976. "Legal Precedent: A Theoretical and Empirical Analysis," NBER Working Papers 0146, National Bureau of Economic Research, Inc.
- Gennaioli, Nicola & Shleifer, Andrei, 2007.
"The Evolution of Common Law,"
3451305, Harvard University Department of Economics.
- 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.
- Kuran, Timur, 1998. "Ethnic Norms and Their Transformation through Reputational Cascades," The Journal of Legal Studies, University of Chicago Press, vol. 27(2), pages 623-59, June.
- Rasmusen, Eric, 1994.
"Judicial Legitimacy as a Repeated Game,"
Journal of Law, Economics and Organization,
Oxford University Press, vol. 10(1), pages 63-83, April.
- Sushil Bikhchandani & David Hirshleifer & Ivo Welch, 1998. "Learning from the Behavior of Others: Conformity, Fads, and Informational Cascades," Journal of Economic Perspectives, American Economic Association, vol. 12(3), pages 151-170, Summer.
- Miceli, Thomas J. & Cosgel, Metin M., 1994. "Reputation and judicial decision-making," Journal of Economic Behavior & Organization, Elsevier, vol. 23(1), pages 31-51, January.
- Thomas J. Miceli, 2009. "Legal Change: Selective Litigation, Judicial Bias, and Precedent," The Journal of Legal Studies, University of Chicago Press, vol. 38(1), pages 157-168, 01.
- Thomas J. Miceli & Alanson P. Minkler, 1997. "Preferences, cooperation, and Institutions," Working papers 1997-06, University of Connecticut, Department of Economics.
- Von Wangenheim, Georg, 1993. "The evolution of judge-made law," International Review of Law and Economics, Elsevier, vol. 13(4), pages 381-411, December.
- Miceli, Thomas J., 2010.
"Legal change and the social value of lawsuits,"
International Review of Law and Economics,
Elsevier, vol. 30(3), pages 203-208, September.
- Kuran, Timur, 1990. "Private and Public Preferences," Economics and Philosophy, Cambridge University Press, vol. 6(01), pages 1-26, April.
- J. Buchanan & Y. Yoon, 2012. "Choosing for others: A neglected element in the theory of collective action," Public Choice, Springer, vol. 153(1), pages 9-16, October.
- Klick, Jonathan & Parisi, Francesco, 2008. "Social networks, self-denial, and median preferences: Conformity as an evolutionary strategy," Journal of Behavioral and Experimental Economics (formerly The Journal of Socio-Economics), Elsevier, vol. 37(4), pages 1319-1327, August.
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