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2 - The Theory

Published online by Cambridge University Press:  03 May 2011

Benjamin H. Barton
Affiliation:
University of Tennessee, Knoxville
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Summary

We propose the general hypothesis: every industry or occupation that has enough political power to utilize the state will seek to control entry. … Crudely put, the butter producers wish to suppress margarine and encourage the production of bread.

– George Stigler

Institutions are the rules of the game in a society or, more formally, are the humanly devised constraints that shape human interaction.

– Douglass North

THERE WAS A TIME WHEN JUDGES WERE VIEWED AS INFALlible, their decisions a natural and required result of an immutable divine or customary law. Judges did not weigh the law, equities, and facts to reach a decision; instead, they simply and correctly applied fixed principles of law without error or uncertainty. Judicial authority and decision making were very much intertwined with religious authority; there was a general sense that infallibility flowed naturally from judges, whose authority and wisdom came directly from God and the monarch.

Since that time, it has become clear that law is a human creation, and that the judges who interpret and create that law are fallible. Nevertheless, some of the trappings of judicial majesty and infallibility remain. The Supreme Court meets in a massive stone building that resembles an ancient Greek temple. Judges wear robes and carry gavels. Bailiffs call “all rise” when judges enter the court, and judges are still called “Your Honor.”

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Chapter
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Publisher: Cambridge University Press
Print publication year: 2010

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References

,Many consider Ronald Coase, “The Nature of the Firm,” 4 Economica 386 (1937)Google Scholar
Williamson, Oliver, “The New Institutional Economics: Taking Stock, Looking Ahead,” 38 Journal of Economic Literature 595 (2000)Google Scholar
Empirical Studies in Institutional Change, eds. Alston, Lee J., Eggertsson, Thrainn, and North, Douglass C. (Cambridge: Cambridge University Press, 1996)CrossRef

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  • The Theory
  • Benjamin H. Barton, University of Tennessee, Knoxville
  • Book: The Lawyer-Judge Bias in the American Legal System
  • Online publication: 03 May 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511791871.002
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  • The Theory
  • Benjamin H. Barton, University of Tennessee, Knoxville
  • Book: The Lawyer-Judge Bias in the American Legal System
  • Online publication: 03 May 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511791871.002
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Theory
  • Benjamin H. Barton, University of Tennessee, Knoxville
  • Book: The Lawyer-Judge Bias in the American Legal System
  • Online publication: 03 May 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511791871.002
Available formats
×