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Beliefs, Precedent, and the Dynamics of Access to Justice: A Bayesian Microfounded Model

Author

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  • Giorgio Rampa
  • Margherita Saraceno

Abstract

This study adds to the literature on how both plaintiffs' beliefs and legal precedent affect access to justice. It also studies how actual accesses to the judiciary result, in turn, in the establishment of further precedent that is able to affect the behavior of new prospective plaintiffs. The analysis is based on a micro-founded Bayesian learning model. The dynamic model shows that precedent, indeed, can rectify biased beliefs. However, the rectification power significantly depends upon both the merit of the case and the stickiness of subjective beliefs. The results highlight that although plaintiffs learn from precedent, under some circumstances meritorious causes of action hardly proceed through the court, or can even disappear from the court after an initial positive trend; on the other hand, frivolous claims can continue to flourish.

Suggested Citation

  • Giorgio Rampa & Margherita Saraceno, 2016. "Beliefs, Precedent, and the Dynamics of Access to Justice: A Bayesian Microfounded Model," American Law and Economics Review, Oxford University Press, vol. 18(2), pages 272-301.
    • Handle: RePEc:oup:amlawe:v:18:y:2016:i:2:p:272-301.
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    File URL: http://hdl.handle.net/10.1093/aler/ahw010
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    Citations

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    Cited by:

    1. Dari-Mattiacci, Giuseppe & Saraceno, Margherita, 2020. "Fee shifting and accuracy in adjudication," International Review of Law and Economics, Elsevier, vol. 63(C).
    2. Margherita Saraceno, 2018. "Justice: Greater Access, Lower Costs," Italian Economic Journal: A Continuation of Rivista Italiana degli Economisti and Giornale degli Economisti, Springer;Società Italiana degli Economisti (Italian Economic Association), vol. 4(2), pages 283-312, July.
    3. Giorgio Rampa & Margherita Saraceno, 2023. "Conjectures and underpricing in repeated mass disputes with heterogeneous plaintiffs," Journal of Economics, Springer, vol. 139(1), pages 1-32, June.
    4. Christoph Engel & Alon Klement & Karen Weinshall Margel, 2017. "Diffusion of Legal Innovations: The Case of Israeli Class Actions," Discussion Paper Series of the Max Planck Institute for Research on Collective Goods 2017_11, Max Planck Institute for Research on Collective Goods, revised Jan 2018.

    More about this item

    Keywords

    D83; K41; D81;
    All these keywords.

    JEL classification:

    • D83 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Search; Learning; Information and Knowledge; Communication; Belief; Unawareness
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
    • D81 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Criteria for Decision-Making under Risk and Uncertainty

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