| Authors |
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| Publication date |
2011
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| Journal |
Journal of Economic Behavior & Organization
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| Volume | Issue number |
79 | 1-2
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| Pages (from-to) |
95-107
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| Organisations |
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Interfacultary Research - Amsterdam Center for Law & Economics (ACLE)
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Faculty of Economics and Business (FEB) - Amsterdam Business School Research Institute (ABS-RI)
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Faculty of Law (FdR) - Amsterdam Center for Law & Economics (ACLE)
|
| Abstract |
We present a dynamic model of noncontractual litigation in which the parties’ decision whether to litigate depends on information produced by courts and, vice versa, the courts’ involvement in the lawmaking process depends on the cases proposed by the parties. Thereby, we integrate in one model the two main functions of the judiciary (adjudication and lawmaking) and study their interplay. Our model offers a dynamic, cyclical perspective on the evolution of the legal system over time and sheds new light on the causes for high litigation rates and on judge-made law versus statutes.
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| Document type |
Article
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| Language |
English
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| Published at |
https://doi.org/10.1016/j.jebo.2011.02.001
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