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On the Benefits and Costs of Legal Expertise: Adjudication in Ancient Athens

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  • Fleck Robert K.

    (Clemson University)

  • Hanssen F. Andrew

    (Clemson University)

Abstract

Legal expertise permits detailed laws to be written and enforced, but individuals with expertise may employ their special knowledge to skew decisions in privately beneficial directions. We illustrate this tradeoff in a simple model, which we use to guide our analysis of the legal system in ancient Athens. Rather than accepting the costs of expertise in return for the benefits, as do most modern societies, the Athenians designed a legal system that banned professional legal experts. And this was not because Athenian society was simple: The Athenians employed sophisticated contingent contracts and litigated frequently (to the point that the law courts featured prominently in several famous comedies). Furthermore, the Athenians recognized that forgoing expertise was costly, and where the cost was particularly high, designed institutions that made use of expertise already existing in society, employed knowledgeable individuals who were unable to engage in significant rent-seeking, or increased the private returns to collecting publicly beneficial information. Although the Athenian legal system differs in many ways from modern legal systems, it nonetheless functioned very effectively. Investigation of the Athenian system highlights how important it is for institutional designers to consider legal institutions as a bundle, whose pieces must complement one another.

Suggested Citation

  • Fleck Robert K. & Hanssen F. Andrew, 2012. "On the Benefits and Costs of Legal Expertise: Adjudication in Ancient Athens," Review of Law & Economics, De Gruyter, vol. 8(2), pages 367-399, October.
    • Handle: RePEc:bpj:rlecon:v:8:y:2012:i:2:n:2
    DOI: 10.1515/1555-5879.1589
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    1. Eric Rasmusen & Manu Raghav & Mark Ramseyer, 2009. "Convictions versus Conviction Rates: The Prosecutor's Choice," American Law and Economics Review, American Law and Economics Association, vol. 11(1), pages 47-78.
    2. Yingyi Qian & Barry R. Weingast, 1997. "Federalism as a Commitment to Reserving Market Incentives," Journal of Economic Perspectives, American Economic Association, vol. 11(4), pages 83-92, Fall.
    3. Landes, William M & Posner, Richard A, 1975. "The Independent Judiciary in an Interest-Group Perspective," Journal of Law and Economics, University of Chicago Press, vol. 18(3), pages 875-901, December.
    4. Kaiser, Brooks A., 2007. "The Athenian Trierarchy: Mechanism Design for the Private Provision of Public Goods," The Journal of Economic History, Cambridge University Press, vol. 67(2), pages 445-480, June.
    5. Siddhartha Bandyopadhyay & Bryan McCannon, 2014. "The effect of the election of prosecutors on criminal trials," Public Choice, Springer, vol. 161(1), pages 141-156, October.
    6. Eric Maskin & Jean Tirole, 2004. "The Politician and the Judge: Accountability in Government," American Economic Review, American Economic Association, vol. 94(4), pages 1034-1054, September.
    7. Fleck, Robert K & Hanssen, F Andrew, 2006. "The Origins of Democracy: A Model with Application to Ancient Greece," Journal of Law and Economics, University of Chicago Press, vol. 49(1), pages 115-146, April.
    8. Hanssen, F Andrew, 1999. "The Effect of Judicial Institutions on Uncertainty and the Rate of Litigation: The Election versus Appointment of State Judges," The Journal of Legal Studies, University of Chicago Press, vol. 28(1), pages 205-232, January.
    9. Weingast, Barry R, 1995. "The Economic Role of Political Institutions: Market-Preserving Federalism and Economic Development," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 11(1), pages 1-31, April.
    10. Feld, Lars P. & Voigt, Stefan, 2003. "Economic growth and judicial independence: cross-country evidence using a new set of indicators," European Journal of Political Economy, Elsevier, vol. 19(3), pages 497-527, September.
    11. McCannon, Bryan C., 2010. "Homicide trials in Classical Athens," International Review of Law and Economics, Elsevier, vol. 30(1), pages 46-51, March.
    12. Scheidel,Walter & Morris,Ian & Saller,Richard P. (ed.), 2007. "The Cambridge Economic History of the Greco-Roman World," Cambridge Books, Cambridge University Press, number 9780521780537.
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    Cited by:

    1. Bryan C. McCannon, 2018. "Arbitration in classical Athens," Constitutional Political Economy, Springer, vol. 29(4), pages 413-423, December.
    2. Robert K. Fleck & F. Andrew Hanssen, 2018. "Path dependence and transitions from tyranny to democracy: evidence from ancient Greece," Constitutional Political Economy, Springer, vol. 29(4), pages 371-388, December.
    3. Federica Carugati & Josiah Ober & Barry R. Weingast, 2019. "Is development uniquely modern? Ancient Athens on the doorstep," Public Choice, Springer, vol. 181(1), pages 29-47, October.
    4. Bryan C. McCannon, 2017. "Who pays taxes? Liturgies and the Antidosis procedure in Ancient Athens," Constitutional Political Economy, Springer, vol. 28(4), pages 407-421, December.
    5. Tridimas, George, 2015. "War, disenfranchisement and the fall of the ancient Athenian democracy," European Journal of Political Economy, Elsevier, vol. 38(C), pages 102-117.
    6. Gradstein, Mark & Kaganovich, Michael, 2019. "Legislative restraints in corporate bailout design," Journal of Economic Behavior & Organization, Elsevier, vol. 158(C), pages 337-350.

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