A model of common law adjudication
Panjwani, R.
(2025).
A model of common law adjudication.
Theory and Decision,
https://doi.org/10.1007/s11238-025-10078-4
Interpreting judicial decision-making in terms of a realistic optimization problem has been a longstanding challenge for economic theories of adjudication. This article develops a theory of value for a fundamental decision facing an appellate court: the choice of whether to follow, distinguish, or overrule precedent. Extending the framework of reason-based choice into a dynamic model of jurisprudence, the theory illustrates distinctive judicial phenomena such as the practice of ‘stealth overruling’, and also sheds new light on judicial minimalism, legal completeness, and the constraint of precedent.
| Item Type | Article |
|---|---|
| Copyright holders | © 2025 The Author(s) |
| Departments | LSE > Academic Departments > Philosophy, Logic and Scientific Method |
| DOI | 10.1007/s11238-025-10078-4 |
| Date Deposited | 26 Aug 2025 |
| Acceptance Date | 27 Jul 2025 |
| URI | https://researchonline.lse.ac.uk/id/eprint/129281 |
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- https://www.scopus.com/pages/publications/105017411894 (Scopus publication)
