4 décembre 2022

Uncertainty of Law and the Legal Process

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There is a wealth of literature on whether courts or legislators produce effective rules, but which of them produces rules effectively? Is there an optimal mix of litigation and legislation? The law is inevitably subject to a certain degree of ex ante uncertainty; Uncertainty makes the outcome of the dispute difficult to predict and therefore prevents the parties from resolving disputes amicably. Conversely, the law is necessarily secured ex post: litigation promotes the creation of precedents that reduce uncertainty. We postulate that there is a natural balance between the degree of uncertainty of a legal system (which is kept under control by litigation) and its litigation rate (maintained by uncertainty). We describe these rates of balance of litigation and uncertainty in a formal model, examine how they are affected by two different policies – litigation costs/grants and legislation – and compare the costs and benefits of the legislative and judicial process. We then extend the analysis to explore the implications of this approach. PostBus 156541001 NDAmsterdam, Noord-Holland 1001 NDNetherlands Università Paris II – Panthé©on-Assas; University Institute of France These are technically necessary cookies that ensure the proper functioning of our website. Amsterdam Law and Economics Centre Working Paper No. 2005-10 Help us optimize the content of our website for you. Thank you very much! We currently use Matomo for anonymous storage and evaluation of your usage behavior. Journal of Institutional and Theoretical Economics, Vol. 163, No. 4, p.

4. 627-656, December 2007 Amsterdam Law School Legal Studies Research Paper Series (ACLE, Universiteit van Amsterdam and George Mason University, Arlington, Virginia, USA) Antonin Scalia Law School, George Mason University, Law & Economics Research Paper Series This website uses cookies and Matomo for analysis and statistical purposes. Cookies help us to improve the user-friendliness of our website. By continuing to use the Website, you agree to its use. Further information can be found in our privacy policy. You can read more about us in the imprint.

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