A Theory of Rational Jurisprudence
研究决策者如何在投入资源调查新问题与依据先例相似性决策之间权衡，构建动态判例法模型，分析法官遵循先例、法律收敛效率及同案不同判现象，为实证研究提供可检验假设。
We examine a dynamic model of up-or-down problem solving. A decision maker can either spend resources investigating a new problem before deciding what to do or decide on the basis of similarity with precedent problems. Over time, a decision-making framework, or jurisprudence, develops. We focus on the model's application to judge-made law. We show that judges summarily apply precedent in some cases. The law may converge to efficient or inefficient rules. With positive probability, identical cases are treated differently. As the court learns over time, inconsistencies become less likely. We discuss the existing empirical evidence and the model's testable implications.