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.

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“Precedent and Statute shows that cross-pollination is possible and, more importantly, that it is worthwhile. … it breaks new ground in the comparative study of legal systems.” (Alberto Quintavalla, The Modern Law Review, Vol. 82 (5), 2019)

Authors and Affiliations

Kingston upon Hull, UK

Orlin Yalnazov

About 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.

Bibliographic Information

Book Title: Precedent and Statute
Book Subtitle: Lawmaking in the Courts versus Lawmaking in Parliament
Authors: Orlin Yalnazov
Series Title: Ökonomische Analyse des Rechts | Economic Analysis of Law
DOI: https://doi.org/10.1007/978-3-658-24385-2
Publisher: Springer Gabler Wiesbaden
eBook Packages: Economics and Finance, Economics and Finance (R0)
Copyright Information: Springer Fachmedien Wiesbaden GmbH, part of Springer Nature 2018
Softcover ISBN: 978-3-658-24384-5Published: 13 November 2018
eBook ISBN: 978-3-658-24385-2Published: 02 November 2018
Series ISSN: 2524-7360
Series E-ISSN: 2524-7379
Edition Number: 1
Number of Pages: XI, 345
Number of Illustrations: 7 b/w illustrations
Topics: Law and Economics

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Table of contents (10 chapters)

Front Matter

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