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Why Stare Decisis?

Authors: Anderlini L.; Felli L.; Riboni A.;

Why Stare Decisis?

Abstract

All Courts rule ex-post, after most economic decisions are sunk. This can generate a time-inconsistency problem. From an ex-ante perspective, Courts will have the ex-post temptation to be excessively lenient. This observation is at the root of the rule of precedent, known as stare decisis.Stare decisis forces Courts to weigh the benefits of leniency towards the current parties against the beneficial effects that tougher decisions have on future ones.We study these dynamics and find that stare decisis guarantees that precedents evolve towards ex-ante efficient decisions, thus alleviating the Courts' time-inconsistency problem. However, the dynamics do not converge to full efficiency.

Countries
Italy, United Kingdom
Keywords

Dynamics of precedents, Case Law, 38 Economics, Time-inconsistency, Case Law, Dynamics of precedents, Stare Decisis, Time-inconsistency, 3803 Economic Theory, Case Law; Precedents; Stare Decisis; Time-Inconsistency, Stare Decisis, jel: jel:D74, jel: jel:C79, jel: jel:D89, jel: jel:K40, jel: jel:L14

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    popularity
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
10
Average
Average
Average
Green