By Hector Fix-Fierro
This learn explores the socio-legal context of monetary rationality within the felony and, particularly, judicial structures. In so doing it explores the which means and relevance of the concept that of potency for the operation of courts and courtroom platforms and seeks to reply to questions similar to: in what experience do we say that the adjudicative method works successfully? What are the suitable standards for the size and review of court docket potency? should still the courts attempt to function successfully and to what volume is that this practicable? what's the right dating among "efficiency" and "justice" concerns in a judicial continuing? to respond to those questions, a conceptual framework is constructed at the foundation of empirical experiences and surveys performed usually within the usa, Western Europe and Latin the USA. even if the study's crucial inspiration - potency - is obviously an monetary idea, the method present in the publication is predominantly sociological insofar because it could be studying the social operation of criminal associations, i.e., it seeks to determine how a uncomplicated idea of potency is expounded to diversified social dimensions of the felony method (including felony technological know-how) and court docket operation, from the extent of society as a complete 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
Thus, it is necessary to examine the relationship between sociology and economics vis-à-vis the law, or more precisely, the relationship between ‘sociology of law’ and ‘economic analysis of law’. Both disciplines share certain features, in addition to the fact that the law is their particular object of study. This fosters a certain degree of competition and ‘rivalry’ between both approaches and raises the issue of their relative explanatory power. 159 Without wishing to take sides in this ‘dispute’, we assume that, in theory at least, the confrontation between both approaches can only result in a richer knowledge of the law.
112 North (1990: 90). 113 See for example the papers presented at the two conferences on justice and development sponsored by the Inter-American Development Bank, in Banco Interamericano de Desarrollo (ed) (1993) and Jarquín/Carrillo (1997). On the involvement of international development agencies in legal and judicial reform in Latin America see Thome (2000). A few studies (Prillaman, 2000; Hammergren, 1998) come to a rather skeptical assessment of the reform projects carried out so far. 114 Buscaglia/Dakolias (1996: 1).
148 Courts will then be socially efficient institutions if the gains from facilitating exchange relationships are not offset by the costs associated with the operation of the judicial process as a whole. It should be borne in mind, however, that it is precisely at this point that social and individual utility may diverge. While individuals may find it worthwhile to litigate, the overall social costs may still be higher than the overall social benefits. Nevertheless, if and when this occurs is in itself a difficult—and costly—question to answer.
Courts, Justice and Efficiency: A Socio-Legal Study of Economic Rationality in Adjudication by Hector Fix-Fierro