Demougin, Dominique; Fluet, Claude - In: Journal of Institutional and Theoretical Economics (JITE) 161 (2005) 2, pp. 193-193
We argue that the common-law standard of proof, given the rules of evidence, does not minimize expected error as usually argued in the legal literature, but may well be efficient from the standpoint of providing maximal incentives for socially desirable behavior. By contrast, civil law's higher...