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Radulovic on Evolution of the Common Law

By Lawrence Solum

Branko LJ. Radulovic (Faculty of Law, University of Belgrade) has posted The Selection Hypothesis, Judicial Path-Dependence and the Battle for Precedents on SSRN. Here is the abstract:

The paper builds upon existing models on the evolution of the common law. I consider a model of legal evolution in which judges have varying ideologies and propensities to extend the domain of legal remedies and causes of action and parties could have symmetric or asymmetric stakes. The model integrates the models of legal evolution with endogenous litigation costs and endogenous probability of prevailing. The paper advances the short-run evolutionary analysis and suggests the convergence of legal standards but with the constant "battle for precedents" around closely contested cases. In the long-run however we should search for other explanations, like the change of the judges' ideology reflecting a change of societal preferences.

Full post as published by Legal Theory Blog on March 20, 2009 (boomark / email).