| 来源类型 | Working Paper |
| 规范类型 | 报告 |
| DOI | 10.3386/w0263 |
| 来源ID | Working Paper 0263 |
| Adjudication as a Private Good | |
| William M. Landes; Richard A. Posner | |
| 发表日期 | 1978-07-01 |
| 出版年 | 1978 |
| 语种 | 英语 |
| 摘要 | This paper examines the question whether adjudication can be viewed as a private good, i.e., one whose optimal level will be generated in a free market. Part I focuses on private courts, noting their limitations as institutions for dispute resolution and rule creation but also stressing the important role that the private court, in its various manifestations, has played both historically and today. Part II discusses a recent literature which has argued that the rules generated in the public court system, in areas of the law where the parties to litigation are private individuals or firms and the rules of law are judge-made, are the efficient products of purely private inputs. Our analysis suggests that this literature has overstated the tendency of a common law system to produce efficient rules, although areas can be identified where such a tendency can indeed be predicted on economic grounds. Viewed as a contribution to the emergent literature on the positive economic theory of law, our finding that the public courts do not automatically generate efficient rules is disappointing, since it leaves unexplained the mechanisms by which such rules emerge as they seem to have done in a number of the areas of Anglo-American judge-made law. However, our other major finding, that the practices and law governing private adjudication appear to be strongly influenced by economic considerations and explicable in economic terms, is evidence that economic theory has a major role to play in explaining fundamental features of the legal system. |
| URL | https://www.nber.org/papers/w0263 |
| 来源智库 | National Bureau of Economic Research (United States) |
| 引用统计 | |
| 资源类型 | 智库出版物 |
| 条目标识符 | http://119.78.100.153/handle/2XGU8XDN/557437 |
| 推荐引用方式 GB/T 7714 | William M. Landes,Richard A. Posner. Adjudication as a Private Good. 1978. |
| 条目包含的文件 | ||||||
| 文件名称/大小 | 资源类型 | 版本类型 | 开放类型 | 使用许可 | ||
| w0263.pdf（586KB） | 智库出版物 | 限制开放 | CC BY-NC-SA | 浏览 | ||
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