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Precedents and filtering effects

Jef De Mot (UGent) and Ben Depoorter (UGent)
(2010) Erasmus mundus midterm meeting, Proceedings.
Author
Organization
Abstract
This article unveils a novel, as yet neglected benefit of uncertainty in adjudication. We argue that uncertainty in tort adjudication has a filtering effect on the frequency and types of accidents that occur in society. When accounting for imperfect decision-making by courts, uncertainty in the correct application of liability standards has a filtering effect on harmful activities, deterring the most harmful torts but not the less harmful activities. Our analysis has institutional implications with regard to the assignment of cases to the judiciary, the randomization of and the choice of precedent strength. Specifically with regard to the latter, we show that weak precedent systems have a stronger deterrent effect on accidents that are more socially harmful; i.e. accidents that could be prevented at a relatively low cost. By contrast, the deterrent effect of tort law in a strong precedent system does not distinguish between accidents with different degrees of social harm.
Keywords
types of accidents., stare decisis, Doctrines of precedent, jurisprudence constante

Citation

Please use this url to cite or link to this publication:

MLA
De Mot, Jef, and Ben Depoorter. “Precedents and Filtering Effects.” Erasmus Mundus Midterm Meeting, Proceedings, University of Bologna, 2010.
APA
De Mot, J., & Depoorter, B. (2010). Precedents and filtering effects. Erasmus Mundus Midterm Meeting, Proceedings. Presented at the Erasmus Mundus Midterm Meeting, Bologna, Italy.
Chicago author-date
De Mot, Jef, and Ben Depoorter. 2010. “Precedents and Filtering Effects.” In Erasmus Mundus Midterm Meeting, Proceedings. Bologna, Italy: University of Bologna.
Chicago author-date (all authors)
De Mot, Jef, and Ben Depoorter. 2010. “Precedents and Filtering Effects.” In Erasmus Mundus Midterm Meeting, Proceedings. Bologna, Italy: University of Bologna.
Vancouver
1.
De Mot J, Depoorter B. Precedents and filtering effects. In: Erasmus mundus midterm meeting, Proceedings. Bologna, Italy: University of Bologna; 2010.
IEEE
[1]
J. De Mot and B. Depoorter, “Precedents and filtering effects,” in Erasmus mundus midterm meeting, Proceedings, Bologna, Italy, 2010.
@inproceedings{1110154,
  abstract     = {{This article unveils a novel, as yet neglected benefit of uncertainty in adjudication. We argue that uncertainty in tort adjudication has a filtering effect on the frequency and types of accidents that occur in society. When accounting for imperfect decision-making by courts, uncertainty in the correct application of liability standards has a filtering effect on harmful activities, deterring the most harmful torts but not the less harmful activities. Our analysis has institutional implications with regard to the assignment of cases to the judiciary, the randomization of and the choice of precedent strength. Specifically with regard to the latter, we show that weak precedent systems have a stronger deterrent effect on accidents that are more socially harmful; i.e. accidents that could be prevented at a relatively low cost. By contrast, the deterrent effect of tort law in a strong precedent system does not distinguish between accidents with different degrees of social harm.}},
  author       = {{De Mot, Jef and Depoorter, Ben}},
  booktitle    = {{Erasmus mundus midterm meeting, Proceedings}},
  keywords     = {{types of accidents.,stare decisis,Doctrines of precedent,jurisprudence constante}},
  language     = {{eng}},
  location     = {{Bologna, Italy}},
  publisher    = {{University of Bologna}},
  title        = {{Precedents and filtering effects}},
  year         = {{2010}},
}