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Judicial Legitimacy as a Repeated Game

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  • Rasmusen, Eric

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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Bibliographic 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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Cited by:
  1. Gani Aldashev & Imane Chaara & Jean-Philippe Platteau & Zaki Wahhaj, 2010. "Using the Law to Change the Custom," Working Papers 2010.60, Fondazione Eni Enrico Mattei.
  2. 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.
  3. Matthew C. Stephenson, 2009. "Legal Realism for Economists," Journal of Economic Perspectives, American Economic Association, vol. 23(2), pages 191-211, Spring.
  4. Gilat Levy, 2003. "Careerist judges," LSE Research Online Documents on Economics 3621, London School of Economics and Political Science, LSE Library.
  5. Aspasia Tsaoussi & Eleni Zervogianni, 2010. "Judges as satisficers: a law and economics perspective on judicial liability," European Journal of Law and Economics, Springer, vol. 29(3), pages 333-357, June.
  6. Max Albert, 2006. "Product Quality in Scientific Competition," Papers on Strategic Interaction 2006-06, Max Planck Institute of Economics, Strategic Interaction Group.
  7. Joseph A. McCAHERY & Erik P.M. VERMEULEN & HISATAKE Masato & SAITO Jun, 2007. "Traditional and Innovative Approaches to Legal Reform: 'The New Company Law'," Discussion papers 07033, Research Institute of Economy, Trade and Industry (RIETI).
  8. Rustam Romaniuc, 2012. "Judicial Dissent under Externalities and Incomplete Information," Czech Economic Review, Charles University Prague, Faculty of Social Sciences, Institute of Economic Studies, vol. 6(3), pages 209-224, October.
  9. Gilat Levy, 2003. "Careerist Judges," STICERD - Theoretical Economics Paper Series 457, Suntory and Toyota International Centres for Economics and Related Disciplines, LSE.
  10. Kirstein, Roland & Schmidtchen, Dieter, 1997. "Judicial detection skill and contractual compliance," International Review of Law and Economics, Elsevier, vol. 17(4), pages 509-520, December.
  11. Robert P. Inman, 1996. "Do Balanced Budget Rules Work? U.S. Experience and Possible Lessons for the EMU," NBER Working Papers 5838, National Bureau of Economic Research, Inc.
  12. J. Mark Ramseyer & Eric B. Rasmusen, 1996. "Judicial Independence in Civil Law Regimes: Econometrics from Japan," Public Economics 9603001, EconWPA.
  13. Gilat Levy, 2005. "Careerist judges," LSE Research Online Documents on Economics 939, London School of Economics and Political Science, LSE Library.

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