A Strictly Evolutionary Model of Common Law

@article{Terrebonne1981ASE,
  title={A Strictly Evolutionary Model of Common Law},
  author={R. P. Terrebonne},
  journal={The Journal of Legal Studies},
  year={1981},
  volume={10},
  pages={397 - 407}
}
  • R. P. Terrebonne
  • Published 1981
  • Economics
  • The Journal of Legal Studies
  • PAUL H. Rubin and George L. Priest have developed similar models to argue that the common law evolves largely independently of the desires of individual judges and that this evolutionary process favors the selection of rules that promote economic efficiency.' The central assumption of both authors was that rules that are litigated most often have the greatest probability of being overturned.2 Rubin pointed out that, when litigants have a continuing interest in the legal rules involved in… CONTINUE READING
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    References

    SHOWING 1-6 OF 6 REFERENCES
    A Pure Theory of Local Expenditures
    • 10,891
    • PDF
    The theory of games and the evolution of animal conflicts.
    • J. M. Smith
    • Biology, Political Science
    • Journal of theoretical biology
    • 1974
    • 1,942
    • PDF
    The quotation is from Adam Smith
    • Lectures on Jurisprudence
    • 1978
    This point was suggested by Arthur Denzau, Discussion by Seminar Participants
    • J. Legal Stud
    • 1956
    The Wealth of Nations 679
    • 1937
    The Problem of Social Cost , 3 J