1. Spontaneous order and the common law: Gordon Tullock’s critique.
- Author
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Zywicki, Todd
- Subjects
COMMON law ,DISPUTE resolution ,INQUISITORIAL system (Law) ,ECONOMICS - Abstract
Gordon Tullock critiques two specific aspects of the common law system: the adversary system of dispute resolution and the common law process of rulemaking, contrasting them with the inquisitorial system and the civil law systems respectively. Tullock’s general critique is straightforward: litigation under the common law system is plagued by the same rent-seeking and rent-dissipation dynamics that Tullock famously ascribed to the process of legislative rent-seeking. The article concludes that Tullock’s critique of the adversary system appears to be stronger on both theoretical and empirical grounds than his critique of the common law system of rulemaking. [ABSTRACT FROM AUTHOR]
- Published
- 2008
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