IDEAS home Printed from https://ideas.repec.org/a/kap/pubcho/v158y2014i1p261-279.html
   My bibliography  Save this article

Law-and-economics: why Gordon Tullock prefers Napoleon Bonaparte over the Duke of Wellington; and why he may end up on St. Helena

Author

Listed:
  • Jennis Biser

Abstract

Most scholars in the field of law-and-economics lean to the view that the common law is efficient. Tullock, however, argues that the common law is inefficient and suggests dramatic modifications to the American legal system, transforming it from a common law system to a civil code system and abandoning the adversarial proceedings in favor of an inquisitorial process. This essay summarizes and critically evaluates the thrusts of Tullock’s 1988 article and his 1997 book, which, together direct a full-frontal attack on the Anglo-Saxon common law system. Copyright Springer Science+Business Media New York 2014

Suggested Citation

  • Jennis Biser, 2014. "Law-and-economics: why Gordon Tullock prefers Napoleon Bonaparte over the Duke of Wellington; and why he may end up on St. Helena," Public Choice, Springer, vol. 158(1), pages 261-279, January.
    • Handle: RePEc:kap:pubcho:v:158:y:2014:i:1:p:261-279
    DOI: 10.1007/s11127-013-0083-9
    as

    Download full text from publisher

    File URL: http://hdl.handle.net/10.1007/s11127-013-0083-9
    Download Restriction: Access to full text is restricted to subscribers.
    File URL: https://libkey.io/10.1007/s11127-013-0083-9?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. Charles Rowley & Daniel Houser, 2012. "The life and times of Gordon Tullock," Public Choice, Springer, vol. 152(1), pages 3-27, July.
    2. Barbara Luppi & Francesco Parisi, 2012. "Litigation and legal evolution: does procedure matter?," Public Choice, Springer, vol. 152(1), pages 181-201, July.
    3. Isaac Ehrlich & Richard A. Posner, 1974. "An Economic Analysis of Legal Rulemaking," The Journal of Legal Studies, University of Chicago Press, vol. 3(1), pages 257-286, January.
    4. R. H. Coase, 2013. "The Problem of Social Cost," Journal of Law and Economics, University of Chicago Press, vol. 56(4), pages 837-877.
    5. Todd Zywicki, 2008. "Spontaneous order and the common law: Gordon Tullock’s critique," Public Choice, Springer, vol. 135(1), pages 35-53, April.
    6. Charles Rowley, 2012. "The intellectual legacy of Gordon Tullock," Public Choice, Springer, vol. 152(1), pages 29-46, July.
    7. Robert K. Fleck & F. Andrew Hanssen, 2013. "Judges: why do they matter?," Chapters, in: William F. Shughart II & Laura Razzolini & Michael Reksulak (ed.), The Elgar Companion to Public Choice, Second Edition, chapter 14, pages 233-248, Edward Elgar Publishing.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Alice Guerra & Maria Maraki & Baptiste Massenot & Christian Thöni, 2023. "Deterrence, settlement, and litigation under adversarial versus inquisitorial systems," Public Choice, Springer, vol. 196(3), pages 331-356, September.
    2. le Bris, David, 2019. "Testing legal origins theory within France: Customary laws versus Roman code," Journal of Comparative Economics, Elsevier, vol. 47(1), pages 1-30.
    3. Vlad Tarko, 2017. "Neoliberalism and Regulatory Capitalism: Understanding the "Freer Markets More Rules" Puzzle," Working Paper Series 2017-02, Dickinson College, Department of Economics.
    4. Alexander Salter, 2015. "Calhoun’s concurrent majority as a generality norm," Constitutional Political Economy, Springer, vol. 26(3), pages 375-390, September.
    5. Vlad Tarko & Andrew Farrant, 2019. "The efficiency of regulatory arbitrage," Public Choice, Springer, vol. 181(1), pages 141-166, October.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Barbara Luppi & Francesco Parisi, 2012. "Litigation and legal evolution: does procedure matter?," Public Choice, Springer, vol. 152(1), pages 181-201, July.
    2. Christian Schubert, 2006. "Fairness in Urban Land Use: An Evolutionary Contribution to Law & Economics," Papers on Economics and Evolution 2005-22, Philipps University Marburg, Department of Geography.
    3. Hanna Almlöf & Per-Olof Bjuggren, 2019. "A regulation and transaction cost perspective on the design of corporate law," European Journal of Law and Economics, Springer, vol. 47(3), pages 407-433, June.
    4. Bartsch, Elga, 1997. "Environmental liability, imperfect information, and multidimensional pollution control," International Review of Law and Economics, Elsevier, vol. 17(1), pages 139-146, March.
    5. Fon, Vincy & Parisi, Francesco, 2006. "Judicial precedents in civil law systems: A dynamic analysis," International Review of Law and Economics, Elsevier, vol. 26(4), pages 519-535, December.
    6. Arye L. Hillman & Heinrich W. Ursprung, 2016. "Academic exclusion: some experiences," Public Choice, Springer, vol. 167(1), pages 1-20, April.
    7. Fleck, Robert K. & Hanssen, F. Andrew, 2024. "Courts, legislatures, and evolving property rules: Lessons from eminent domain," Explorations in Economic History, Elsevier, vol. 93(C).
    8. Walter Block, 2005. "Value Freedom, Laissez Faire, Mises, and Rothbard," American Journal of Economics and Sociology, Wiley Blackwell, vol. 64(3), pages 919-938, July.
    9. Donald Vandegrift, 1997. "Decision Costs, Contract Excuse, and the Westinghouse Commercial Impracticability Case," European Journal of Law and Economics, Springer, vol. 4(1), pages 41-54, January.
    10. Daniel J. D’Amico, 2018. "The law and economics of sycophancy," Constitutional Political Economy, Springer, vol. 29(4), pages 424-439, December.
    11. Alice Guerra & Maria Maraki & Baptiste Massenot & Christian Thöni, 2023. "Deterrence, settlement, and litigation under adversarial versus inquisitorial systems," Public Choice, Springer, vol. 196(3), pages 331-356, September.
    12. Harnay, Sophie & Marciano, Alain, 2009. "Posner, Economics And The Law: From “Law And Economics” To An Economic Analysis Of Law," Journal of the History of Economic Thought, Cambridge University Press, vol. 31(2), pages 215-232, June.
    13. Daniel P. Kessler, 2010. "Introduction to "Regulation versus Litigation"," NBER Chapters, in: Regulation vs. Litigation: Perspectives from Economics and Law, pages 1-9, National Bureau of Economic Research, Inc.
    14. Francesco Parisi & Barbara Luppi & Alice Guerra, 2017. "Gordon Tullock and the Virginia School of Law and Economics," Constitutional Political Economy, Springer, vol. 28(1), pages 48-61, March.
    15. Almlöf, Hanna & Bjuggren, Per-Olof, 2017. "What matters in Design of Corporate Law," Ratio Working Papers 299, The Ratio Institute.
    16. François Allisson & Antoine Missemer, 2020. "Some Historiographical Tools for the Study of Intellectual Legacies," Post-Print halshs-02931492, HAL.
    17. Persson, Torsten & Tabellini, Guido, 2002. "Political economics and public finance," Handbook of Public Economics, in: A. J. Auerbach & M. Feldstein (ed.), Handbook of Public Economics, edition 1, volume 3, chapter 24, pages 1549-1659, Elsevier.
    18. Qiuyue Xia & Lu Li & Jie Dong & Bin Zhang, 2021. "Reduction Effect and Mechanism Analysis of Carbon Trading Policy on Carbon Emissions from Land Use," Sustainability, MDPI, vol. 13(17), pages 1-22, August.
    19. Frans P. Vries & Nick Hanley, 2016. "Incentive-Based Policy Design for Pollution Control and Biodiversity Conservation: A Review," Environmental & Resource Economics, Springer;European Association of Environmental and Resource Economists, vol. 63(4), pages 687-702, April.
    20. Usher, Dan, 2001. "Personal goods, efficiency and the law," European Journal of Political Economy, Elsevier, vol. 17(4), pages 673-703, November.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:kap:pubcho:v:158:y:2014:i:1:p:261-279. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Sonal Shukla or Springer Nature Abstracting and Indexing (email available below). General contact details of provider: http://www.springer.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.