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Courts, Justice, and Efficiency

Courts, Justice, and Efficiency

Author: Hector Fix-Fierro

Publisher: Bloomsbury Publishing

ISBN: 9781847310552

Category: Law

Page: 288

View: 743

This study explores the socio-legal context of economic rationality in the legal and judicial systems. It examines the meaning and relevance of the concept of efficiency for the operation of courts and court systems,seeking to answer questions such as: in what sense can we say that the adjudicative process works efficiently? What are the relevant criteria for the measurement and assessment of court efficiency? Should the courts try to operate efficiently and to what extent is this viable? What is the proper relationship between 'efficiency' and 'justice' considerations in a judicial proceeding? To answer these questions, a conceptual framework is developed on the basis of empirical studies and surveys carried out mainly in the United States, Western Europe and Latin America. Two basic ideas emerge from it. First, economic rationality has penetrated the legal and judicial systems at all levels and dimensions, from the level of society as a whole to the day-to-day operation of the courts, from the institutional dimension of adjudication to the organizational context of judicial decisions. Far from being an alien value in the judicial process, efficiency has become an inseparable part of the structure of expectations we place on the legal system. Second, economic rationality is not the prevalent value in legal decision-making, as it is subject to all kinds of constraints, local conditions and concrete negotiations with other values and interests.
Efficiency Instead of Justice?
Language: en
Pages: 220

Efficiency Instead of Justice?

Authors: Klaus Mathis
Categories: Law
Type: BOOK - Published: 2009-03-18 - Publisher: Springer Science & Business Media

Economic analysis of law is an interesting and challenging attempt to employ the concepts and reasoning methods of modern economic theory so as to gain a deeper understanding of legal problems. According to Richard A. Posner it is the role of the law to encourage market competition and, where the
Efficiency and Justice
Language: en
Pages: 94

Efficiency and Justice

Authors: Dušan Pokorn'c
Categories: Law
Type: BOOK - Published: 1997 - Publisher:

Books about Efficiency and Justice
Efficiency, Justice and Care
Language: en
Pages: 304

Efficiency, Justice and Care

Authors: Yvonne Denier
Categories: Philosophy
Type: BOOK - Published: 2007-03-06 - Publisher: Springer Science & Business Media

This book attempts to answer the question how health care can be incorporated into a comprehensive theory of justice, while realising an acceptable balance between efficiency, justice and care. It seems to be that we can have any two but not all three. Essentially, the central question addressed by this
Need for Balance Between Economic Efficiency and Justice
Language: en
Pages: 14

Need for Balance Between Economic Efficiency and Justice

Authors: Nemir A. Kirdar
Categories: Philosophy
Type: BOOK - Published: 1994 - Publisher:

Books about Need for Balance Between Economic Efficiency and Justice
Efficiency, Sustainability, and Justice to Future Generations
Language: en
Pages: 240

Efficiency, Sustainability, and Justice to Future Generations

Authors: Klaus Mathis
Categories: Law
Type: BOOK - Published: 2011-08-13 - Publisher: Springer Science & Business Media

Fifty years after the famous essay “The Problem of Social Cost” (1960) by the Nobel laureate Ronald Coase, Law and Economics seems to have become the lingua franca of American jurisprudence, and although its influence on European jurisprudence is only moderate by comparison, it has also gained popularity in Europe.

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