Common law and civil law as pro-market adaptations

We argue that in the development of the Western legal system, cognitive departures are themain determinant of the optimal degree of judicial rule-making. Judicial discretion, seen here as the main distinguishing feature between both legal systems, is introduced in civil law jurisdictions to protect, rather than to limit, freedom of contract against potential judicial backlash. Such protection was unnecessary in common law countries, where free-market relations enjoyed safer judicial ground mainly due to their relatively gradual evolution, their reliance on practitioners as judges, and the earlier development of institutional checks and balances that supported private property rights. In our framework, differences in costs and benefits associated with self-interest and lack of information require a cognitive failure to be active.

Additive utility with intransitive indifference and without independence: A homogeneous case

In the homogeneous case of one type of goods or objects, we prove theexistence of an additive utility function without assuming transitivityof indifference and independence. The representation reveals a positivefactor smaller than 1 that infuences rational choice beyond the utilityfunction and explains departures from these standard axioms of utilitytheory (factor equals to 1).