Private Law Theory

Abstract:
The common law process appears to have checks and balances that prevent the self-interest of a particular embedded actor (judge or lawyer) from having a substantial distortive effect. The question that follows is whether the Restatement project is also immune, to the same extent as the common law, from the self-interested incentives of actors involved in its creation. I argue that the Restatement process is far more vulnerable to distortion from self-interest than is the common law process.

Hylton, Keith N., The Economics of the Restatement and of the Common Law (July 2013). Boston Univ. School of Law, Law and Economics Research Paper No. 13-34; Boston Univ. School of Law, Public Law Research Paper No. 13-34.

First posted 2013-08-20 05:40:05