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The Case for Ignorance Economic arguments are complicated My crime/tort chapter ran the argument through seven rounds This is why you could have a pure tort system This is why it wouldn't work This is how that problem would be dealt with ·This… Once you know the legal rule,you can usually find some argument that it is efficient Coming to the nuisance A good rule,because it is cheaper to move a housing development or pig farm before it is built A bad rule,because my pig farm gives me control over land that will later be wanted for housing So I have a rent seeking argument to build the pig farm now where you will want to build housing later The Himalayan photographer and the Eggshell Skull The economic logic of two problems is the same The legal answer is different And each time Posner concludes that the legal answer is correct Conclusion:The jury is still out There is some evidence that the common law tends towards efficient rules But also evidence against And arguments,but not compelling ones,for why we might expect it toThe Case for Ignorance • Economic arguments are complicated • My crime/tort chapter ran the argument through seven rounds • This is why you could have a pure tort system • This is why it wouldn’t work • This is how that problem would be dealt with • This … • Once you know the legal rule, you can usually find some argument that it is efficient • Coming to the nuisance • A good rule, because it is cheaper to move a housing development or pig farm before it is built • A bad rule, because my pig farm gives me control over land that will later be wanted for housing • So I have a rent seeking argument to build the pig farm now where you will want to build housing later • The Himalayan photographer and the Eggshell Skull • The economic logic of two problems is the same • The legal answer is different • And each time Posner concludes that the legal answer is correct • Conclusion: The jury is still out • There is some evidence that the common law tends towards efficient rules • But also evidence against • And arguments, but not compelling ones, for why we might expect it to
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