当前位置:首页 - 研究领域 - 法律经济学

法律程序和司法行政的经济研究

[字号切换] [ 关闭窗口] [ 阅读]:1418人次

阅读全文

【作者】波斯纳

【内容提要】

This article seeks to advance that understanding by means of the powerful tools of economic theory. Although it builds on recent articles by William M. Landes and by the present writer,' it is more than an extension of the previous work. That work took for granted the rules of procedure that provide the framework of the legal dispute-resolution system; the emphasis was on how plaintiffs (mainly prosecutors) and defendants maximize utility within its constraints. The present article attempts to explain the procedural rules and practices that give the system its distinctive structure and to predict the effects of changes in one part of the system on the other parts. It thus adds to the literature (as yet small) that is developing a positive economic theory of the institutions of the legal system.

【关键词】Legal procedure, Judicial adminstration

相关论著列表