Legal Precedent: A Theoretical and Empirical Analysis /
Landes, William M.
Legal Precedent: A Theoretical and Empirical Analysis / William M. Landes, Richard A. Posner. - Cambridge, Mass. National Bureau of Economic Research 1976. - 1 online resource: illustrations (black and white); - NBER working paper series no. w0146 . - Working Paper Series (National Bureau of Economic Research) no. w0146. .
August 1976.
The use of precedents to create rules of legal obligation has, to our knowledge, received little theoretical or empirical analysis. This paper presents and tests empirically an economic approach to legal precedent that is derived mainly from the analysis of capital formation and investment. We treat the body of legal precedents created by judicial decisions in prior periods as a capital stock that yields a flow of information services which depreciates over time as new conditions arise that were not foreseen by the framers of the existing precedents. New (and replacement) capital is created by investment in the production of precedents.
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Mode of access: World Wide Web.
Legal Precedent: A Theoretical and Empirical Analysis / William M. Landes, Richard A. Posner. - Cambridge, Mass. National Bureau of Economic Research 1976. - 1 online resource: illustrations (black and white); - NBER working paper series no. w0146 . - Working Paper Series (National Bureau of Economic Research) no. w0146. .
August 1976.
The use of precedents to create rules of legal obligation has, to our knowledge, received little theoretical or empirical analysis. This paper presents and tests empirically an economic approach to legal precedent that is derived mainly from the analysis of capital formation and investment. We treat the body of legal precedents created by judicial decisions in prior periods as a capital stock that yields a flow of information services which depreciates over time as new conditions arise that were not foreseen by the framers of the existing precedents. New (and replacement) capital is created by investment in the production of precedents.
System requirements: Adobe [Acrobat] Reader required for PDF files.
Mode of access: World Wide Web.