What's Yours is Mine: Rent-Seeking and the Common Law

Evan Osborne

Public Choice, 2002, vol. 111, issue 3-4, 399-415

Abstract: The paper develops a rent-seeking theory of the common law. The general finding is that the law's form depends on the comparative advantage each group has in production versus appropriation generally, and appropriation via litigation in particular. The model generates new interpretations of developments in United States common law, and is used both to supplement and to criticize two dominant theories of such law, the efficiency theory associated with the law and economics movement and that generated by critical legal studies scholars. Copyright 2002 by Kluwer Academic Publishers

Date: 2002
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