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

See all articles by Robert Cheren

Robert Cheren

Case Western Reserve University School of Law

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

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

Robert Cheren (Contact Author)

Case Western Reserve University School of Law ( email )

11075 East Boulevard
Cleveland, OH 44106-7148
United States

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