Public Choice

, Volume 147, Issue 3, pp 497–524

Rivalry and superior dispatch: an analysis of competing courts in medieval and early modern England

Literature survey

DOI: 10.1007/s11127-010-9739-x

Cite this article as:
Stringham, E.P. & Zywicki, T.J. Public Choice (2011) 147: 497. doi:10.1007/s11127-010-9739-x

Abstract

In most areas, economists look to competition to align incentives, but not so with courts. Many believe that competition enables plaintiff forum shopping, but Adam Smith praised rivalry among courts. This article describes the courts when the common law developed. In many areas of law, courts were monopolized and imposed decisions on unwilling participants. In other areas, however, large degrees of competition and consent were present. In many areas, local, hundred, manorial, county, ecclesiastical, law merchant, chancery, and common law courts competed for customers. When parties had a choice, courts needed to provide a forum that was ex ante value maximizing.

Keywords

Efficiency of common law Legal history Monopolization of law 

JEL Classification

K40 N43 P48 

Copyright information

© Springer Science+Business Media, LLC 2010

Authors and Affiliations

  1. 1.School of Business and EconomicsFayetteville State UniversityFayettevilleUSA
  2. 2.School of LawGeorge Mason UniversityArlingtonUSA