EconStor >
Philipps-Universität Marburg >
Faculty of Business Administration and Economics, Philipps-Universität Marburg >
MAGKS Joint Discussion Paper Series in Economics, Universität Marburg >

Please use this identifier to cite or link to this item:

http://hdl.handle.net/10419/30133
  
Title:The (economic) effects of lay participation in courts: a cross-country analysis PDF Logo
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

Files in This Item:
File Description SizeFormat
606636145.pdf1.29 MBAdobe PDF
No. of Downloads: Counter Stats
Download bibliographical data as: BibTeX
Share on:http://hdl.handle.net/10419/30133

Items in EconStor are protected by copyright, with all rights reserved, unless otherwise indicated.