A Theory of Rational Jurisprudence
We examine a dynamic model of up-or-down problem solving. A decision maker can either spend resources investigating a new problem before deciding what to do, or decide based on similarity with precedent problems. Over time, a decision making framework, or jurisprudence, develops. We focus on the model?s application to judge-made law. We show that judges summarily apply precedent in some cases. The law may converge to efficient or inefficient rules. With positive probability, identical cases are treated di¤erently. As the court learns over time, inconsistencies become less likely. We discuss the existing empirical evidence and the model?s testable implications.
|Date of creation:||2012|
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References listed on IDEAS
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- Dari-Mattiacci, Giuseppe & Deffains, Bruno & Lovat, Bruno, 2011.
"The dynamics of the legal system,"
Journal of Economic Behavior & Organization,
Elsevier, vol. 79(1), pages 95-107.
- Dari-Mattiacci, Giuseppe & Deffains, Bruno & Lovat, Bruno, 2011. "The dynamics of the legal system," Journal of Economic Behavior & Organization, Elsevier, vol. 79(1-2), pages 95-107, June.
- Bailey, Martin J. & Rubin, Paul H., 1994. "A positive theory of legal change," International Review of Law and Economics, Elsevier, vol. 14(4), pages 467-477, December.
- Joshua Schwartzstein & Andrei Shleifer, 2013. "An Activity-Generating Theory of Regulation," Journal of Law and Economics, University of Chicago Press, vol. 56(1), pages 1-38.
- Joshua Schwartzstein & Andrei Shleifer, "undated". "An Activity-Generating Theory of Regulation," Working Paper 19524, Harvard University OpenScholar.
- Schwartzstein, Joshua & Shleifer, Andrei, 2013. "An Activity-Generating Theory of Regulation," Scholarly Articles 27814564, Harvard University Department of Economics.
- Joshua Schwartzstein & Andrei Shleifer, 2009. "An Activity-Generating Theory of Regulation," NBER Working Papers 14752, National Bureau of Economic Research, Inc.
- Robert Cooter & Lewis Kornhauser & David Lane, 1979. "Liability Rules, Limited Information, and the Role of Precedent," Bell Journal of Economics, The RAND Corporation, vol. 10(1), pages 366-373, Spring. Full references (including those not matched with items on IDEAS)