The piece begins with the development of land use coordination mechanisms in England, the London Assize of Buildings and the common law Assize of Nuisance. It then examines two common law absolute exceptions to nuisance, the exception for harms caused by competition established in 1410 and the exception for harms caused by wild animals established in 1596. The history of common law nuisance and its exceptions challenges the transactions cost analysis of the common law offered by Coase in "The Problem of Social Cost."
Monday, January 21, 2013
Cheren on Early Modern English Nuisance
Posted by Dan Ernst
Robert D. Cheren, the Publisher of Volume 63 of the Case Western Reserve Law Review, has sent us the link to his student note Tragic Parlor Pigs and Comedic Rascally Rabbits: Why Common Law Nuisance Exceptions Refute Coase's Economic Analysis of the Law. Mr. Cheren explains: