Legal Precedent: A Theoretical and Empirical Analysis

  title={Legal Precedent: A Theoretical and Empirical Analysis},
  author={W. Landes and R. Posner},
  journal={The Journal of Law and Economics},
  pages={249 - 307}
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… Expand


An Economic Approach to Legal Procedure and Judicial Administration
  • R. Posner
  • Business
  • The Journal of Legal Studies
  • 1973
The Independent Judiciary in an Interest-Group Perspective
A Study of the Supreme Court's Caseload
The Citation Practices of Doctorates in Economics
The Nature of Legal Reasoning
  • The Legal Process: Basic Problems in the Making and Application of Law 138-39 (tent. ed
  • 1958
The Economic Approach to Law, 53 Texas L
  • Rev
  • 1975
The Economics of Legal Conflicts, 2 J. Leg
  • An Economic Analysis of the Courts, in Essays in the Economics of Crime and Punishment
  • 1974
Federal Judicial Center, The 1969—1970
  • Federal District Court Time Study (June
  • 1971