Evolution and the Common Law

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The Evolution of a Legal Rule

Use the link below to share a full-text version of this article with your friends and colleagues. Learn more. In contrast to existing articles, the flow of cases heard by the court is affected by the court's prior decisions. In equilibrium, the law settles endogenously, because the incentives to make legally controversial choices disappear as the law evolves.

Settled law exhibits residual uncertainty and ambiguity, and potentially implements inefficient outcomes.

The origin of the common law

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About Revolution and Evolution in Private Law

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Understanding Common Law (with John Hasnas)

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