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Open Access. Powered by Scholars. Published by Universities.®

2008

Law and Society

Richard H. McAdams

Articles 1 - 2 of 2

Full-Text Articles in Law

Game Theory And Law: A (Lack Of) Progress Report, Richard H. Mcadams Aug 2008

Game Theory And Law: A (Lack Of) Progress Report, Richard H. Mcadams

Richard H. McAdams

This essay reviews the state of game theory in legal scholarship and finds that it remains excessively focused on one tool: the Prisoners’ Dilemma. I claim that this focus is not justified, that it distracts legal scholars from exploiting other insights of game theory, particularly the problem of coordination. I show how the need for coordination is as pervasive and important to law as the Prisoners’ Dilemma, illustrating with game theory discussions of constitutional law, international law, property disputes, traffic, culture, gender roles, and many other topics.


Beyond The Prisoners' Dilemma: Coordination, Equity, And Law, Richard H. Mcadams Mar 2008

Beyond The Prisoners' Dilemma: Coordination, Equity, And Law, Richard H. Mcadams

Richard H. McAdams

ABSTRACT: Legal scholars across all fields explore the game theoretic idea of cooperation as illustrated by the Prisoners’ Dilemma (“PD”) and its variants. By contrast, other games – especially those involving equity and coordination – have proved far less influential. Examples include the games known as Stag Hunt, Hawk-Dove, and Battle of the Sexes. After documenting a dramatic disparity in the legal literature favoring the PD game, this paper raises and rejects two possible justifications for the neglect of other games: (1) that the PD occurs more frequently than other situations; and (2) that other game situations are less important …