Models constitute a central element in the methodology of economic analysis of law. John Brown’s model of accident law and others’ models of settlement and litigation, for instance, have provided numerous insights into tort law and to civil procedure respectively. Other models have been less successful. Despite their ubiquity, however, the role of models in economic analysis of law has been little discussed. How do models explain? How, or what, do we learn from them? What explains the differential success of models?What makes a model a good one? Under what circumstances ought policymakers rely on the results of a model? These questions are notoriously difficult, in part because the concept of a model is itself unclear. I shall address the question of what makes a “good” model by discussing in detail two narrow classes of models of adjudication that have often been understood as competitive. [download]
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