Advanced Search
MyIDEAS: Login to save this paper or follow this series

Judicial Lawmaking in a Civil Law System: Evidence from German Labor Courts of Appeal

Contents:

Author Info

  • Martin Schneider

    (Institute for Labour Law and Industrial Relations in the EC, University of Trier)

Registered author(s):

    Abstract

    According to economic analysis, common-law courts resolve individual legal disputes and create new, judge-made law. In this article, I study both functions in a civil-law context by analyzing data for nine German labor courts of appeal (Landesarbeitsgerichte) in the period 1980-1996. Output of these courts is measured by the number of resolved cases, settlements, and published opinions. Performance in each of these measures depends on judges’ incentives and external factors, as behavioral production functions reveal: Firstly, output varies with judicial experience in a manner that suggests an impact of career concerns on effort and performance. Secondly, more change on the labor market gives rise to new legal problems and, therefore, leads to a larger number of published opinions. Since these are a proxy for judicial lawmaking, this finding suggests that judge-made law is an important ingredient of German labor law: It clarifies statutes and updates previous court opinions.

    Download Info

    If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
    File URL: http://www.iaaeg.de/images/DiscussionPaper/2002_02.pdf
    File Function: Revised version, 2002
    Download Restriction: no

    Bibliographic Info

    Paper provided by Institute of Labour Law and Industrial Relations in the European Union (IAAEU) in its series IAAEG Discussion Papers until 2011 with number 200202.

    as in new window
    Length: 27 pages
    Date of creation: Feb 2002
    Date of revision:
    Handle: RePEc:iaa:wpaper:200202

    Contact details of provider:
    Postal: Campus II, D-54286 Trier
    Phone: +49+651/201-4741
    Fax: +49+651/201-4742
    Email:
    Web page: http://www.iaaeu.de
    More information through EDIRC

    Related research

    Keywords: courts; internal labour markets; professionals; behavioural production functions; career concerns;

    Find related papers by JEL classification:

    References

    References listed on IDEAS
    Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
    as in new window
    1. Landes, William M & Posner, Richard A, 1976. "Legal Precedent: A Theoretical and Empirical Analysis," Journal of Law and Economics, University of Chicago Press, University of Chicago Press, vol. 19(2), pages 249-307, August.
    2. Ramseyer, J Mark & Rasmusen, Eric B, 1997. "Judicial Independence in a Civil Law Regime: The Evidence from Japan," Journal of Law, Economics and Organization, Oxford University Press, Oxford University Press, vol. 13(2), pages 259-86, October.
    3. Isaac Ehrlich & Richard A. Posner, 1974. "An Economic Analysis of Legal Rulemaking," The Journal of Legal Studies, University of Chicago Press, University of Chicago Press, vol. 3(1), pages 257-286, January.
    4. Cohen, Mark A, 1991. "Explaining Judicial Behavior or What's "Unconstitutional" about the Sentencing Commission?," Journal of Law, Economics and Organization, Oxford University Press, Oxford University Press, vol. 7(1), pages 183-99, Spring.
    5. William M. Landes & Richard A. Posner, 1978. "Adjudication as a Private Good," NBER Working Papers 0263, National Bureau of Economic Research, Inc.
    6. Cohen, Mark A., 1992. "The motives of judges: Empirical evidence from antitrust sentencing," International Review of Law and Economics, Elsevier, Elsevier, vol. 12(1), pages 13-30, March.
    Full references (including those not matched with items on IDEAS)

    Citations

    Lists

    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

    Statistics

    Access and download statistics

    Corrections

    When requesting a correction, please mention this item's handle: RePEc:iaa:wpaper:200202. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Adrian Chadi).

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.