Spontaneous order and the common law: Gordon Tullock’s critique

Zywicki, Todd J.

doi:10.1007/s11127-007-9245-y

Cited by 28 publications

(6 citation statements)

References 25 publications

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“…75 The more adversarial nature of litigation in common law than in civil law could well generate more rent-seeking and more rent dissipation in the process of rulemaking. 76 Furthermore, given the growing predominance of statutes in common law jurisdictions, the inevitable conclusion would be that the overall efficiency has been reduced. This conclusion seems to be reinforced by the argument that the efficiency of the common law is not really demand-side induced (i.e., through the incentives provided by litigation), but supply-side induced.…”

Section: The Law and Economics Of Legal Families 59mentioning

confidence: 99%

A law and economics perspective on legal families

Garoupa¹,

Pargendler²

2017

Encyclopedia of Law and Economics

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The relationship between comparative law and the field of economics is increasingly important, but controversial. In the legal origins literature, economists have drawn from comparative law scholarship to suggest that common law systems may be more conducive to financial and economic development than civil law systems. Yet comparativists have been skeptical of the use of legal families to explain economic outcomes. After reviewing the discussion of legal families in the disciplines of comparative law, on the one hand, and economics, on the other, we conclude that a more nuanced approach is advisable. At the same time, we urge comparativists to engage in this debate more actively.

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Section: The Law and Economics Of Legal Families 59mentioning

confidence: 99%

A law and economics perspective on legal families

Garoupa¹,

Pargendler²

2017

Encyclopedia of Law and Economics

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“…15 Note that the adversary process itself is a system of competitive evidence provision, in contrast to the inquisitorial system in which the judge essentially is a central planner for purposes of evidence gathering. The adversary system, it turns out, is justified primarily where competition is necessary to discover hidden or private knowledge that would be unlikely to be discovered but for that competition (Zywicki, 2008). The analogy to the value of competition in market discovery is obvious.…”

Section: Why Hayek Was Not An Anarchistmentioning

confidence: 99%

Hayekian anarchism

Stringham

Zywicki

2011

Journal of Economic Behavior & Organization

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JEL classification: B25 K10 P16 P51Keywords: Friedrich Hayek Complexity in the law Legal pluralism Institutionalism Anarcho-liberalism a b s t r a c t Should law be provided centrally by the state or by some other means? Even relatively staunch advocates of competition such as Friedrich Hayek believe that the state must provide law centrally. This article asks whether Hayek's theories about competition and the use of knowledge in society should lead one to support centrally provided law enforcement or competition in law. In writing about economics, Hayek famously described the competitive process of the market as a "discovery process." In writing about law, Hayek coincidentally referred to the role of the judge under the common law as "discovering" the law in the expectations and conventions of people in a given society. We argue that this consistent usage was more than a mere semantic coincidence-that the two concepts of discovery are remarkably similar in Hayek's thought and that his idea of economic discovery influenced his later ideas about legal discovery. Moreover, once this conceptual similarity is recognized, certain conclusions logically follow: namely, that just as economic discovery requires the competitive process of the market to provide information and feedback to correct errors, competition in the provision of legal services is essential to the judicial discovery in law. In fact, the English common law, from which Hayek drew his model of legal discovery, was itself a model of polycentric and competing sources of law throughout much of its history. We conclude that for the same reasons that made Hayek a champion of market competition over central planning of the economy, he should have also supported competition in legal services over monopolistic provision by the state-in short, Hayek should have been an anarchist.

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“…A central point of this criticism is that contending parties in adversary systems dissipate a sub-stantial amount of resources to influence decision-makers. 4 As a result, "decentralized self-interested behavior by litigants depresses overall social welfare" (Zywicki, 2008).…”

Section: Introductionmentioning

confidence: 99%

“…See, e.g.,Zywicki (2008) and references therein. 5 For a survey of the experimental literature on cheap talk, seeBlume, Lai, and Lim (2020).6 Vespa and Wilson (2016) show that fully revealing equilibria can be approximated in the laboratory by using a particular setting with a multidimensional state space.…”

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confidence: 99%