Download PDF by Hector Fix-Fierro: Courts, Justice and Efficiency: A Socio-Legal Study of
By Hector Fix-Fierro
This research explores the socio-legal context of monetary rationality within the criminal and, in particular, judicial structures. In so doing it explores the that means and relevance of the concept that of potency for the operation of courts and court docket structures and seeks to respond to questions similar to: in what experience do we say that the adjudicative procedure works successfully? What are the proper standards for the dimension and overview of court docket potency? should still the courts attempt to function successfully and to what quantity is that this achievable? what's the right courting among "efficiency" and "justice" concerns in a judicial continuing? to reply to those questions, a conceptual framework is built at the foundation of empirical reviews and surveys performed regularly within the usa, Western Europe and Latin the USA. even though the study's critical idea - potency - is obviously an monetary inspiration, the technique present in the e-book is predominantly sociological insofar because it might be interpreting the social operation of felony associations, i.e., it seeks to determine how a simple inspiration of potency is said to varied social dimensions of the criminal process (including felony technological know-how) and court docket operation, from the extent of society as an entire to the extent of person judicial complaints and judgements.
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Additional resources for Courts, Justice and Efficiency: A Socio-Legal Study of Economic Rationality in Adjudication
6,661 cases were general, of which 110 (about 2%) were of an international nature. 930 were commercial cases, 99 of which (11%) were international. The total proportion of international cases was less than 3%. In Bremerhaven, the research focused solely on family cases. 3%, were international. However, 19 cases were related to the presence of a US Army base 117 Introduction: Why Court Efficiency? 119 The study shows that even if, in absolute terms, domestic courts handle a large number of international cases (100 to 200 thousand cases a year are estimated for the fifteen countries in the European Union),120 this only accounts for a small proportion of the total number of international civil disputes.
However, the combination of both approaches may not 159 Posner (1995) explicitly uses a law-and-economics perspective to examine the relative contributions of both disciplines to the study of the law. Other essays in the same issue of the European Journal of Law and Economics compare the economic and the sociological approaches to the law (regarding crime, for example). Introduction: Why Court Efficiency? 31 necessarily enrich them if this is attempted at a low common denominator. 160 As stated earlier, this study purports to be basically rooted in a sociological approach.
Economists and lawyers with an economic background or an interest in economic thinking have ventured into the field of the law and attempted to apply economic tools to legal problems. They have proposed economic models for the differential consequences of different legal rules. They have critically assessed the efficiency of particular legal institutions, and they have suggested substantive or policy changes on the basis of their insights. 158 Economics is not the only social science seeking to examine and evaluate the performance, however it may be defined, of legal institutions.
Courts, Justice and Efficiency: A Socio-Legal Study of Economic Rationality in Adjudication by Hector Fix-Fierro