Academic

Posner, Spier, and Vermeule on "Divide and Conquer"

By Lawrence Solum

Eric A. Posner, Kathryn E. Spier and Adrian Vermeule (University of Chicago - Law School , Harvard University - Harvard Law School and Harvard University - Harvard Law Schoool) have posted Divide and Conquer on SSRN. Here is the abstract:

The maxim ?divide and conquer? (divide et impera) is invoked frequently in law, history, and politics, but often in a loose or undertheorized way. We suggest that the maxim is a placeholder for a complex of ideas related by a family resemblance, but differing in their details, mechanisms and implications. We provide an analytic taxonomy of divide and conquer mechanisms in the settings of a Stag Hunt Game and an indefinitely-repeated Prisoners? Dilemma. A number of applications are considered, including labor law, bankruptcy, constitutional design and the separation of powers, imperialism and race relations, international law, litigation and settlement, and antitrust law. Conditions under which divide and conquer strategies reduce or enhance social welfare, and techniques that policy makers can use to combat divide and conquer tactics, are also discussed.

Highly recommended.

Full post as published by Legal Theory Blog on June 09, 2009 (boomark / email).