The (Economic) Effects of Lay Participation in Courts - A Cross-Country Analysis
Legal philosophers like Montesquieu, Hegel and Tocqueville have argued that lay participation in judicial decision-making would have benefits reaching far beyond the realm of the legal system narrowly understood. From an economic point of view, lay participation in judicial decisionmaking can be...
Na minha lista:
Publicado no: | MAGKS - Joint Discussion Paper Series in Economics (Band 20-2008) |
---|---|
Autor principal: | |
Formato: | Arbeit |
Idioma: | inglês |
Publicado em: |
Philipps-Universität Marburg
2008
|
Assuntos: | |
Acesso em linha: | Texto integral em PDF |
Tags: |
Adicionar Tag
Sem tags, seja o primeiro a adicionar uma tag!
|
Resumo: | Legal philosophers like Montesquieu, Hegel and Tocqueville have argued
that lay participation in judicial decision-making would have benefits
reaching far beyond the realm of the legal system narrowly understood.
From an economic point of view, lay participation in judicial decisionmaking
can be interpreted as a renunciation of an additional division of
labor, which is expected to cause foregone benefits in terms of the costs as
well as the quality of judicial decision-making. In order to be justified,
these foregone benefits need to be overcompensated by other – actually
realized – benefits of at least the same magnitude. This paper discusses
pros and cons of lay participation, presents a new database and tests
some of the theoretically derived hypotheses empirically. The effects of lay
participation on the judicial system, a number of governance variables but
also on economic performance indicators are rather modest. A proxy
representing historic experiences with any kind of lay participation is the
single most robust variable. |
---|---|
Descrição Física: | 38 Seiten |
ISSN: | 1867-3678 |
DOI: | 10.17192/es2024.0217 |