caa a22 4500 445360046 CHVBK 20180317142912.0 cr unu---uuuuu 170323e20110901xx s 000 0 eng 10.1007/s11138-010-0136-y doi (NATIONALLICENCE)springer-10.1007/s11138-010-0136-y Kuznicki Jason The Cato Institute, 1000 Massachusetts Ave NW, 20001, Washington, DC, USA aut Law, legislation, and local minima: Solving a problem in Hayek's theory of common law judging, with historical examples [Elektronische Daten] [Jason Kuznicki] Friedrich Hayek's Law, Legislation, and Liberty noted a problem in the common law system: Sometimes, following judicial precedent would lead to unforeseen bad outcomes over time. No judge can anticipate all possible implications of a precedent-setting decision, and sometimes later judges, bound by precedent, will be forced despite themselves to elaborate the law in ever more inefficient or unjust ways. Hayek proposed that one role of the legislator was to correct such "dead ends” in the common law. This paper proposes that judges working within the constraints of the common law and given only the tools Hayek himself allowed them are capable of escaping such binds on their own. It uses historical examples from the era of coverture to support this claim. Not only were judges willing to identify exceptions to coverture, these exceptions helped pave the way for coverture's eventual abolition. This process is examined and found to be otherwise consonant with Hayek's larger theory of the common law as a rule-finding process. Springer Science+Business Media, LLC, 2010 Friedrich Hayek nationallicence Judging nationallicence Common law nationallicence Local minima nationallicence Coverture nationallicence The Review of Austrian Economics Springer US; http://www.springer-ny.com 24/3(2011-09-01), 293-309 0889-3047 24:3<293 2011 24 11138 https://doi.org/10.1007/s11138-010-0136-y text/html Onlinezugriff via DOI 1 research-article jats NATIONALLICENCE 856 40 https://doi.org/10.1007/s11138-010-0136-y text/html Onlinezugriff via DOI NATIONALLICENCE 100 1- Kuznicki Jason The Cato Institute, 1000 Massachusetts Ave NW, 20001, Washington, DC, USA aut NATIONALLICENCE 773 0- The Review of Austrian Economics Springer US; http://www.springer-ny.com 24/3(2011-09-01), 293-309 0889-3047 24:3<293 2011 24 11138 Metadata rights reserved Springer special CC-BY-NC licence nationallicence BK010053 XK010053 XK010000 NATIONALLICENCE NATIONALLICENCE NL-springer