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Precedent and Statute

Lawmaking in the Courts versus Lawmaking in Parliament

  • Orlin Yalnazov

Part of the Ökonomische Analyse des Rechts I Economic Analysis of Law book series (ÖAR I EAL)

Table of contents

  1. Front Matter
    Pages I-XI
  2. Orlin Yalnazov
    Pages 1-18
  3. Orlin Yalnazov
    Pages 19-49
  4. Orlin Yalnazov
    Pages 51-85
  5. Orlin Yalnazov
    Pages 87-110
  6. Orlin Yalnazov
    Pages 111-144
  7. Orlin Yalnazov
    Pages 145-165
  8. Orlin Yalnazov
    Pages 167-213
  9. Orlin Yalnazov
    Pages 215-265
  10. Orlin Yalnazov
    Pages 267-303
  11. Orlin Yalnazov
    Pages 305-330
  12. Back Matter
    Pages 331-345

About this book

Introduction

Should laws be made in courts or in parliaments? Orlin Yalnazov proposes a new approach to the problem. He conceptualizes law as an information product, and law-making as an exercise in production. Law-making has inputs and outputs, and technology is used to transform one into the other. Law may, depending on input and technology, take on different forms: it can be vague or it can be certain. The ‘technologies’ between which we may choose are precedent and statute. Differences between the two being sizeable, our choice has significant repercussions for the cost of the input and the form of the output. The author applies this framework to several problems, including the comparison between the common and the civil law, comparative civil procedure, and EU law. Perhaps most critically, he offers a critique of the ‘efficiency of the common law’ hypothesis.

Contents

  • Two Types of Legal Uncertainty
  • Economics of the Fact-Law Distinction
  • Fact, Law, and Legal Change
  • Remoteness in Contract
  • Metarules versus Metastandards
  • Precedent in the Civil and Common Law

Target Groups

Researchers, students, and practitioners in the fields of law, economics, and legal philosophy

The Author

Orlin Yalnazov was born in Varna. He holds a PhD in Law & Economics, awarded jointly by Erasmus Universiteit Rotterdam, Universität Hamburg, and Universitá di Bologna, as well as an LLM from the University of Cambridge and an LLB from Durham University. He works at the University of Hull.

Keywords

Precedent Statute Theory of Law Anglo-American Law Codification Economic Theory of Law Civil Law Private Law

Authors and affiliations

  • Orlin Yalnazov
    • 1
  1. 1.Kingston upon HullUK

Bibliographic information

  • DOI https://doi.org/10.1007/978-3-658-24385-2
  • Copyright Information Springer Fachmedien Wiesbaden GmbH, part of Springer Nature 2018
  • Publisher Name Springer Gabler, Wiesbaden
  • eBook Packages Economics and Finance
  • Print ISBN 978-3-658-24384-5
  • Online ISBN 978-3-658-24385-2
  • Series Print ISSN 2524-7360
  • Series Online ISSN 2524-7379
  • Buy this book on publisher's site
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