Divide and Conquer
ISSN 1936-5349 (print) ISSN 1936-5357 (online) HARVARD JOHN M. OLIN CENTER FOR LAW, ECONOMICS, AND BUSINESS DIVIDE AND CONQUER Eric A. Posner, Kathryn Spier, & Adrian Vermeule Discussion Paper No. 639 5/2009 Harvard Law School Cambridge, MA 02138 This paper can be downloaded without charge from: The Harvard John M. Olin Discussion Paper Series: http://www.law.harvard.edu/programs/olin_center/ The Social Science Research Network Electronic Paper Collection: http://ssrn.com/abstract=1349971 Divide and Conquer Eric A. Posner,* Kathryn Spier,** & Adrian Vermeule*** 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. JEL: K0 * University of Chicago Law School. ** Harvard Law School. *** Harvard Law School. Thanks to Adam Badawi, Anu Bradford, Jim Dana, Mary Anne Franks, Aziz Huq, Claudia Landeo, Jonathan Masur, Madhavi Sunder, Lior Strahilevitz, and an audience at the University of Chicago Law School for valuable comments, and Paul Mysliwiec and Colleen Roh for helpful research assistance.
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