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Judiciaries in Corrupt Societies
Priks, Mikael - 2021
, low-level officials, and the judiciary are corrupt. In the model, the central government sells offices to low …-level officials and demands ex-post payments enforced by the judiciary. Because an independent judiciary can rule against the central … promotes corruption at the lower level. Therefore, even if highly corrupt, an independent judiciary may reduce total corruption …
Persistent link: https://www.econbiz.de/10013317025
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Should Courts Always Enforce What Contracting Parties Write?
Anderlini, Luca - 2006
We find an economic rationale for the common sense answer to the question in our title - courts should not always enforce what the contracting parties write.We describe and analyze a contractual environment that allows a role for an active court. An active court can improve on the outcome that...
Persistent link: https://www.econbiz.de/10012735522
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Spite in Litigation
Mill, Wladislaw; Stäbler, Jonathan - 2023
This paper studies how litigation and settlement behavior is affected by agents motivated by spiteful preferences under the American and the English fee-shifting rule. We conduct an experiment and find that litigation expenditures and settlement requests are higher for more spiteful...
Persistent link: https://www.econbiz.de/10014260383
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Statute law or case law? /
Anderlini, Luca; Felli, Leonardo; Riboni, Alessandro - 2008
In a Case Law regime Courts have more flexibility than in a Statute Law regime. Since Statutes are inevitably incomplete, this confers an advantage to the Statute Law regime over the Case Law one. However, all Courts rule ex-post, after most economic decisions are already taken. Therefore, the...
Persistent link: https://www.econbiz.de/10010264405
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Power over prosecutors corrupts politicians: cross country evidence using a new indicator
van Aaken, Anne; Feld, Lars P.; Voigt, Stefan - 2008
It is hypothesized that prosecution agencies that are dependent on the executive have less incentives to prosecute crimes committed by government members which, in turn, increases their incentives to commit such crimes. Here, this hypothesis is put to an empirical test focusing on a particular...
Persistent link: https://www.econbiz.de/10010270593
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Making judges independent : some proposals regarding the judiciary
Feld, Lars P.; Voigt, Stefan - 2004
It is argued that an independent judiciary is a necessary condition for both individual liberty and economic prosperity …. After having surveyed the literature dealing with how to arrange for an independent judiciary, the authors derive some …
Persistent link: https://www.econbiz.de/10010261246
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The relevance of judicial procedure for economic growth
Hayo, Bernd; Voigt, Stefan - 2008
It has been argued that procedural formalism undermines economic efficiency by fostering rent-seeking and corruption. We challenge this view by arguing that a number of judicial procedures foster economic growth by increasing the predictability of court decisions, which leads to more...
Persistent link: https://www.econbiz.de/10010264530
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Judiciaries in corrupt societies
Priks, Mikael - 2007
, low-level officials, and the judiciary are corrupt. In the model, the central government sells offices to low …-level officials and demands ex-post payments enforced by the judiciary. Because an independent judiciary can rule against the central … promotes corruption at the lower level. Therefore, even if highly corrupt, an independent judiciary may reduce total corruption …
Persistent link: https://www.econbiz.de/10010264138
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Should courts always enforce what contracting parties write?
Anderlini, Luca; Felli, Leonardo; Postlewaite, Andrew - 2006
We find an economic rationale for the common sense answer to the question in our title courts should not always enforce what the contracting parties write. We describe and analyze a contractual environment that allows a role for an active court. An active court can improve on the outcome that...
Persistent link: https://www.econbiz.de/10010264017
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The (economic) effects of lay participation in courts: a cross-country analysis
Voigt, Stefan - 2008
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 decision-making can...
Persistent link: https://www.econbiz.de/10010264411