Patterns of Adoption of Tort Law Innovations: An Application of Diffusion Theory to Judicial Doctrines

TLDR

Social scientists have increasingly focused on the diffusion of policy innovations among American states, particularly in the legislative and administrative sectors. This study expands understanding of policy diffusion by analyzing the spread of 23 innovative tort doctrines across state court systems from 1876 to 1975. The analysis examines the innovativeness of state judicial systems, the correlates of that innovativeness, and the pattern of diffusion. The study finds that judicial doctrine diffusion differs markedly from legislative diffusion, largely because courts rely on litigants to create opportunities for innovation.

Abstract

Social scientists have given increasing attention to the diffusion of policy innovations among the American states, focusing on the legislative and administrative sectors. This study is an effort to expand our understanding of policy diffusion by analyzing the diffusion of 23 innovative tort doctrines among state court systems between 1876 and 1975. This analysis examines the innovativeness of state judicial systems, the correlates of innovativeness, and the pattern of diffusion. The findings suggest that the diffusion of judicial doctrines is a very different process from the diffusion of legislation. A major reason for the difference appears to be the courts' dependence on litigants to provide opportunities for innovation.