Recent efforts to assess whether or not the trial is vanishing from the civil justice system, have thus far not drawn distinctions between cases in which the market efficiency function of the legal system is in play and those in which democratic and political functions are in play. As Marc...

Why do successful constitutions have the attributes characteristically associated with the rule of law? Why do constitutions involve public reasoning? And, how is such a system sustained as an equilibrium? In this paper, we adapt the framework in our previous work on “what is law?” to the...

Although most economic and positive political theory presumes the existence of an effective legal regime (protecting property rights or implementing legislative or judicial choices, for example), behavioral social science has devoted little systematic attention to the question of what...