Abstract
This Article raises an issue that has only been tangentially addressed in the economic literature on tort law: which accident inputs should a court examine when determining liability and which should it take as given? Economic theory yields no a priori answer to this question. Without an answer to this question, the economic analysis of tort law yields indeterminate prescriptions. This Article proposes an analytical framework-a continuum from long-run to short-run accident inputs-to help understand the problem. Many conventional doctrines of tort law map onto this continuum, and it helps make clear the tradeoffs a court faces in choosing tIle scope of its tests.
DOI
https://doi.org/10.63140/qfurz144x3
Recommended Citation
Anderson, James M.
(2007)
"The Missing Theory of Variable Selection in the Economic Analysis of Tort Law,"
Utah Law Review: Vol. 2007:
No.
2, Article 1.
DOI: https://doi.org/10.63140/qfurz144x3
Available at:
https://dc.law.utah.edu/ulr/vol2007/iss2/1