Judicial Lawmaking in a Civil Law System: Evidence from German Labor Courts of Appeal
AbstractAccording 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 InfoIf 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.
Bibliographic InfoPaper 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.
Length: 27 pages
Date of creation: Feb 2002
Date of revision:
courts; internal labour markets; professionals; behavioural production functions; career concerns;
Find related papers by JEL classification:
- J45 - Labor and Demographic Economics - - Particular Labor Markets - - - Public Sector Labor Markets
- K31 - Law and Economics - - Other Substantive Areas of Law - - - Labor Law
- M12 - Business Administration and Business Economics; Marketing; Accounting - - Business Administration - - - Personnel Management; Executives; Executive Compensation
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.:
- Isaac Ehrlich & Richard A. Posner, 1974. "An Economic Analysis of Legal Rulemaking," The Journal of Legal Studies, University of Chicago Press, vol. 3(1), pages 257-286, January.
- Cohen, Mark A., 1992. "The motives of judges: Empirical evidence from antitrust sentencing," International Review of Law and Economics, Elsevier, vol. 12(1), pages 13-30, March.
- Cohen, Mark A, 1991. "Explaining Judicial Behavior or What's "Unconstitutional" about the Sentencing Commission?," Journal of Law, Economics and Organization, Oxford University Press, vol. 7(1), pages 183-99, Spring.
- William M. Landes & Richard A. Posner, 1978. "Adjudication as a Private Good," NBER Working Papers 0263, National Bureau of Economic Research, Inc.
- Landes, William M & Posner, Richard A, 1976.
"Legal Precedent: A Theoretical and Empirical Analysis,"
Journal of Law and Economics,
University of Chicago Press, vol. 19(2), pages 249-307, August.
- William M. Landes & Richard A. Posner, 1976. "Legal Precedent: A Theoretical and Empirical Analysis," NBER Working Papers 0146, National Bureau of Economic Research, Inc.
- 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, vol. 13(2), pages 259-86, October.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Adrian Chadi).
If references are entirely missing, you can add them using this form.