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[Meetup Audio] David Friedman: "Legal Systems Very Different from Ours"

Astral Codex Ten Podcast

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The Incentive to Prosecute in Athens

A lot of tort cases settle out of court where you're using the threat to get a verdict. In 18th century England there was concern with insufficient prosecution they set up a system of rewards and that resulted in people either being entrapped or being framed for the reward. I discuss the case of what are called patent trolls of people who arguably collect lots of patents and then sue on a weak case because people will settle rather than litigate. i offer some law and econ arguments for why it would be appropriate for people who lose a tort case so some damages to the defendant and in england private deterrence is the only system at least i know of which has a built-in incentive

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