Litigation and Legal Evolution: Does Procedure Matter?

Luppi, Barbara; Parisi, Francesco

doi:10.2139/ssrn.1555784

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Litigation and Legal Evolution: Does Procedure Matter?

Minnesota Legal Studies Research Paper No. 10-09

34 Pages Posted: 19 Feb 2010

See all articles by Barbara Luppi

Barbara Luppi

Università degli studi di Modena e Reggio Emilia (UNIMORE) - Faculty of Business and Economics; University of St. Thomas School of Law

Francesco Parisi

University of Minnesota - Law School; University of Bologna; University of Miami, School of Law

Date Written: February 19, 2010

Abstract

Gordon Tullock’s critique of the common law runs against much of the conventional wisdom in the law and economics literature. In this paper we revisit one of the most controversial aspects of Tullock’s critique. By applying Tullock’s own model of rent-seeking to litigation, we study the effect of alternative procedural rules on civil litigation. Our results provide support for Tullock’s controversial critique of the common law, revealing an evolutionary bias in the production of legal rules by courts. We extend the standard litigation model to study the effects of alternative procedural systems on the evolution of the common law.

Keywords: Efficiency of the Common Law Hypothesis, Gordon Tullock, Rent-Seeking, English Rule, American Rule

JEL Classification: B31, D72, K10, K12, K13, K41

Suggested Citation: Suggested Citation

Luppi, Barbara and Luppi, Barbara and Parisi, Francesco, Litigation and Legal Evolution: Does Procedure Matter? (February 19, 2010). Minnesota Legal Studies Research Paper No. 10-09, Available at SSRN: https://ssrn.com/abstract=1555784 or http://dx.doi.org/10.2139/ssrn.1555784