Selection and Decision in Judicial Process around the World: Empirical Inquires

This book explores whether the judicial process is efficient, addressing self-selection, social import, precedents, and decision-making. Positive answers indicate efficiency, driven by litigants, litigators, and judges' selections and decisions.

Format: Paperback / softback
Length: 312 pages
Publication date: 29 September 2022
Publisher: Cambridge University Press

This book delves into an empirical examination of the efficiency of the judicial process, addressing three key issues. Firstly, it explores whether disputants self-select into litigation, bringing cases with merit. Secondly, it examines the variation in social import among filed cases, investigating whether courts prioritize more significant matters by allocating more resources. Thirdly, it investigates the establishment of precedents by courts, their impact on resource allocation and the behavior of transacting parties in the future. The central question revolves around whether courts, as suggested by Judge Posner, make decisions that promote allocative efficiency and minimize transaction costs. Positive answers to these questions indicate the effectiveness of the judicial system.

The efficiency of the judicial process is influenced by the selections and decisions made by litigants, litigators, and judges. Their earlier choices and decisions have a profound impact on subsequent ones. This book comprises eleven chapters, authored by renowned empirical legal scholars from the United States, Europe, and Asia, each addressing these issues in their respective regions.

The first issue examines whether disputants self-select into litigation, bringing cases with merit. The authors explore various factors that influence this decision, including the perceived likelihood of success, the cost of litigation, the availability of alternative dispute resolution methods, and the incentives for litigants to pursue legal action. They analyze data from various sources, such as court records, surveys, and experimental studies, to shed light on the patterns and determinants of self-selection into litigation.

The second issue examines the variation in social import among filed cases, investigating whether courts prioritize more significant matters by allocating more resources. The authors explore the factors that contribute to the variation in social import, including the nature of the dispute, the parties involved, the importance of the case to society, and the political and economic context. They analyze data from different legal systems and regions to identify patterns and trends in case selection.

The third issue examines the establishment of precedents by courts, their impact on resource allocation and the behavior of transacting parties in the future. The authors explore the mechanisms through which precedents influence decision-making, including the role of judges, the influence of legal scholars, and the role of social norms and expectations. They analyze data from different legal systems and regions to identify the factors that shape the development of precedents and their impact on the judicial process.

The book concludes by discussing the implications of the findings for the efficiency of the judicial process. The authors argue that understanding the factors that drive efficient or inefficient outcomes is crucial for improving the judicial system. They suggest that policymakers, legal professionals, and scholars should pay attention to the selections and decisions made by litigants, litigators, and judges to promote efficiency and fairness in the judicial process.

Overall, this book provides a comprehensive and insightful examination of the efficiency of the judicial process, shedding light on the factors that influence the selection and decision-making of litigants, litigators, and judges. It is a valuable resource for policymakers, legal professionals, and scholars interested in understanding the dynamics of the legal system and improving its effectiveness.

Weight: 468g
Dimension: 228 x 153 x 19 (mm)
ISBN-13: 9781009305785