Tragic Parlor Pigs and Comedic Rascally Rabbits: Why Common Law Nuisance Exceptions Refute Coase's Economic Analysis of the Law
46 Pages Posted: 20 Jan 2013
Date Written: December 31, 2012
Abstract
The piece begins with the development of land use coordination mechanisms in England, the London Assize of Buildings and the common law Assize of Nuisance. It then examines two common law absolute exceptions to nuisance, the exceptions for harms caused by competition and harms caused by wild animals. These exceptions challenge the transactions cost analysis of the common law offered by Coase in The Problem of Social Cost.
Keywords: nuisance, Coase, competition
Suggested Citation: Suggested Citation
Cheren, Robert, Tragic Parlor Pigs and Comedic Rascally Rabbits: Why Common Law Nuisance Exceptions Refute Coase's Economic Analysis of the Law (December 31, 2012). 63 Case Western Reserve Law Review 555 (2012), Available at SSRN: https://ssrn.com/abstract=2203398
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