Federalism As a Discovery Process and a Catalyst for Humility (Iii. Federalism and Interstate Competition‪)‬

My subject is federalism and rights. I will argue that jurisdictional competition is, by and large, an effective way for society to discover a good set of rights for people to flourish. It is wholly appropriate to discuss federalism in relation to law and economics because federalism creates a market for governance. (1) Like other market processes, federalism offers a process of discovery--for individuals who can find states with the rights that allow them to flourish and for society that can allow it to evaluate best the effects of different rights by comparing the results in different jurisdictions.