Tragic Parlor Pigs and Comedic Rascally Rabbits: Why Common Law Nuisance Exceptions Refute Coase's Economic Analysis of the Law

Abstract

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 exceptions for harms caused by competition and harms caused by wild animals. These exceptions challenge the transactions cost analysis of the common law offered by Coase in The Problem of Social Cost.

Keywords: nuisance, Coase, competition