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Judicial Legitimacy as a Repeated Game

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Author Info
Rasmusen, Eric

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Abstract

An independent judiciary faces the problem of how to restrain high-court judges from indulging their personal whims. One restraint is the desire of judges to influence future judges. To do so, judges may have to maintain their own or the system's legitimacy by restraining their own behavior. This situation can be viewed as an equilibrium of an infinitely repeated game. Such a game has many equilibria, some of which are Pareto superior to others. In some equilibria, self-interested judges are responsible even without the threat of external penalties. Copyright 1994 by Oxford University Press.

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Publisher Info
Article provided by Oxford University Press in its journal Journal of Law, Economics and Organization.

Volume (Year): 10 (1994)
Issue (Month): 1 (April)
Pages: 63-83
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Handle: RePEc:oup:jleorg:v:10:y:1994:i:1:p:63-83

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Postal: Oxford University Press, Great Clarendon Street, Oxford OX2 6DP, UK
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  1. Max Albert, 2006. "Product Quality in Scientific Competition," Papers on Strategic Interaction 2006-06, Max Planck Institute of Economics, Strategic Interaction Group. [Downloadable!]
  2. J. Mark Ramseyer & Eric B. Rasmusen, 1996. "Judicial Independence in Civil Law Regimes: Econometrics from Japan," Public Economics 9603001, EconWPA. [Downloadable!]
    Other versions:
  3. J. Mark Ramseyer & Eric B. Rasmusen, 2001. "When are Judges and Bureaucrats Left Independent? Theory and History from Imperial Japan, Postwar Japan, and the United States," CIRJE F-Series CIRJE-F-126, CIRJE, Faculty of Economics, University of Tokyo. [Downloadable!]
  4. Levy, Gilat, 2003. "Careerist Judges," CEPR Discussion Papers 3948, C.E.P.R. Discussion Papers. [Downloadable!] (restricted)
  5. Robert Cooter, 2000. "Do Good Laws Make Good Citizens? An Economic Analysis of Internalizing Legal Values," Berkeley Olin Program in Law & Economics, Working Paper Series 1050, Berkeley Olin Program in Law & Economics. [Downloadable!]
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This page was last updated on 2009-12-15.


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