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Law and Economics

Latin American and Caribbean Law and Economics Association

Selected Works

2010

Economic Analysis of Tort Law

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Full-Text Articles in Law

Redundancy Of Legal Rules And Efficiency, Hugo A. Acciarri, Fernando Tohme Jul 2010

Redundancy Of Legal Rules And Efficiency, Hugo A. Acciarri, Fernando Tohme

Hugo Alejandro Acciarri

Redundancy of legal rules has bad press. Traditional legal literature usually regards any sort of redundancy as a flaw of legal systems. Scholars on Law and Economics accept, instead, some kinds of regulatory redundancy, but focus more on the redundancy of the sources of regulation (agencies) than on the pure effect of redundant rules whatever their source might be. Hence, the underlying issue remains: even on an efficiency basis, redundancy is primarily perceived as an undesirable feature of the legal system. At first sight, this perception may be deemed sound, since e.g., adding a sentence or a paragraph to any …