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Specialization and trade rest on institutions that protect property rights and enforce agreements. Frequently, in economic analysis institutions are just assumed to exist, or it is implicitly supposed that the political game can establish them. Once this assumption is done, the invisible hand...
Persistent link: https://www.econbiz.de/10010323268
Lawyers routinely have to decide under considerable uncertainty. Those officially applying the law in force, like judges or public officials, often do not know all the facts of the case. And the legislator ought to know, understand and forecast much more than he usually does. Economics,...
Persistent link: https://www.econbiz.de/10010323972
Recent developments in economics and the science of law emphasize their cooperation for a better understanding of social structures and interactions, an effective application of social scientific knowledge and a rational evaluation and implementation of social norms. There are, however,...
Persistent link: https://www.econbiz.de/10010323992
There is extensive literature on whether courts or legislators produce efficient rules, but which of them produces rules efficiently? The law is subject to uncertainty ex ante; uncertainty makes the outcomes of trials difficult to predict and deters parties from settling disputes out of court. In...
Persistent link: https://www.econbiz.de/10010325161
In criminal cases judges evaluate and combine probabilistic evidence to reach verdicts. Unavoidably, errors are made, resulting in unwarranted conviction or acquittal of defendants. This paper addresses the questions (1) whether hearing cases by teams of three persons leads to less error than...
Persistent link: https://www.econbiz.de/10010326541
This paper deals with the analysis of the doctrinal foundations of Law and Development (D&D) regarding to the need to support future research and applications of the subject in national and international context. The characterization of the scientific autonomy of the D&D was intended through the...
Persistent link: https://www.econbiz.de/10010330517
Litigation seems to be a Pareto-ineffcient outcome of pretrial bargaining; however, this paper shows that litigation can be the outcome of rational behavior by a litigant and her attorney. If the attorney has more information than his client concerning the characteristics of the lawsuit, the...
Persistent link: https://www.econbiz.de/10010333915
Leniency programmes reduce sanctions for law violators that self-report. We focus on their ability to deter cartels and organised crime in general by increasing incentives to "cheat" on partners. Moderate leniency programmes that reduce/cancel sanctions for the reporting party cannot affect...
Persistent link: https://www.econbiz.de/10011608606
Social engineering refers to deliberate attempts, often under the form of legislative moves, to promote changes in customs and norms that hurt the interests of marginalized population groups. This paper explores the analytical conditions under which social engineering is more or less likely to...
Persistent link: https://www.econbiz.de/10011943748