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MAGKS Joint Discussion Paper Series in Economics, Universität Marburg >
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http://hdl.handle.net/10419/30133
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| Title: | | The (economic) effects of lay participation in courts: a cross-country analysis  |
| Authors: | | Voigt, Stefan |
| Issue Date: | | 2008 |
| Series/Report no.: | | Joint discussion paper series in economics 2008,20 |
| Abstract: | | Legal philosophers like Montesquieu, Hegel and Tocqueville have argued that lay participation in judicial decision-making would have benefits reaching far beyond the realm of the legal system narrowly understood. From an economic point of view, lay participation in judicial decision-making can be interpreted as a renunciation of an additional division of labor, which is expected to cause foregone benefits in terms of the costs as well as the quality of judicial decision-making. In order to be justified, these foregone benefits need to be overcompensated by other - actually realized - benefits of at least the same magnitude. This paper discusses pros and cons of lay participation, presents a new database and tests some of the theoretically derived hypotheses empirically. The effects of lay participation on the judicial system, a number of governance variables but also on economic performance indicators are rather modest. A proxy representing historic experiences with any kind of lay participation is the single most robust variable. |
| Subjects: | | Economic Effects of Legal Systems Judicial Decision-Making Trial by Jury Jurors Lay Assessors Constitutional Economics Civil Society Quality of Governance History of Thought |
| JEL: | | B15 H11 H41 H73 K41 P51 |
| Document Type: | | Working Paper |
| Appears in Collections: | | MAGKS Joint Discussion Paper Series in Economics, Universität Marburg
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