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Precedent and Statute

Lawmaking in the Courts versus Lawmaking in Parliament

  • Book
  • © 2018

Overview

Authors:
  1. Orlin Yalnazov

    1. Kingston upon Hull, UK

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  • A legal theoretical critique of the efficiency of the common law hypothesis.

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

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Table of contents (10 chapters)

  1. Front Matter

    Pages I-XI
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  2. Introduction

    • Orlin Yalnazov
    Pages 1-18

  3. Literature Review

    • Orlin Yalnazov
    Pages 19-49

  4. Two Types of Legal Uncertainty

    • Orlin Yalnazov
    Pages 51-85

  5. Economics of the Fact-Law Distinction

    • Orlin Yalnazov
    Pages 87-110

  6. Fact, Law, and Legal Change

    • Orlin Yalnazov
    Pages 111-144

  7. Remoteness in Contract – An Example

    • Orlin Yalnazov
    Pages 145-165

  8. Metarules versus Metastandards

    • Orlin Yalnazov
    Pages 167-213

  9. Information, Precedent, and Statute

    • Orlin Yalnazov
    Pages 215-265

  10. Precedent in the Civil and Common Law

    • Orlin Yalnazov
    Pages 267-303

  11. Conclusion

    • Orlin Yalnazov
    Pages 305-330

  12. Back Matter

    Pages 331-345
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Keywords

About this book

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.

Reviews

“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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