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The Rule Incentives that Rule Civil Justice

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Author Info
Daniela Marchesi (ISAE - Institute for Studies and Economic Analyses)
Abstract

The excessive length of civil judicial proceedings may be understood being the consequence of a disequilibrium between demand and supply of justice. A comparison between EU countries and a statistical and analytical investigation demonstrates that the problems do not rest in insufficient supply – which has been the general opinion – but in pathological demand for civil justice. Opportunistic behaviour incentivized by the procedural rules and by the excessive length of trials is at the root of such demand. Therefore changing the formula which determines lawyer’s fees should be the first reform introduced.

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Publisher Info
Paper provided by ISAE - Institute for Studies and Economic Analyses - (Rome, ITALY) in its series ISAE Working Papers with number 85.

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Length: 36 pages
Date of creation: Nov 2007
Date of revision:
Handle: RePEc:isa:wpaper:85

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Related research
Keywords: Efficiency of civil justice; Comparison among EU countries and the Italian case; Supply of justice; Pathological demand of civil justice; Effectiveness of reforms;

Find related papers by JEL classification:
K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior

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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.:
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    Other versions:
  2. Rosenberg, D. & Shavell, S., 1985. "A model in which suits are brought for their nuisance value," International Review of Law and Economics, Elsevier, vol. 5(1), pages 3-13, June. [Downloadable!] (restricted)
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  4. Katz, Avery, 1990. "The effect of frivolous lawsuits on the settlement of litigation," International Review of Law and Economics, Elsevier, vol. 10(1), pages 3-27, May. [Downloadable!] (restricted)
  5. Hughes, James W & Snyder, Edward A, 1995. "Litigation and Settlement under the English and American Rules: Theory and Evidence," Journal of Law & Economics, University of Chicago Press, vol. 38(1), pages 225-50, April.
  6. Snyder, Edward A & Hughes, James W, 1990. "The English Rule for Allocating Legal Costs: Evidence Confronts Theory," Journal of Law, Economics and Organization, Oxford University Press, vol. 6(2), pages 345-80, Fall.
  7. Beckner, Clinton III & Katz, Avery, 1995. "The incentive effects of litigation fee shifting when legal standards are uncertain," International Review of Law and Economics, Elsevier, vol. 15(2), pages 205-224, June. [Downloadable!] (restricted)
  8. Bebchuk, Lucian Arye, 1988. "Suing Solely to Extract a Settlement Offer," Journal of Legal Studies, University of Chicago Press, vol. 17(2), pages 437-50, June.
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  9. Gravelle, H. S. E., 1993. "The efficiency implications of cost-shifting rules," International Review of Law and Economics, Elsevier, vol. 13(1), pages 3-18, March. [Downloadable!] (restricted)
  10. Cooter, Robert D & Rubinfeld, Daniel L, 1989. "Economic Analysis of Legal Disputes and Their Resolution," Journal of Economic Literature, American Economic Association, vol. 27(3), pages 1067-97, September. [Downloadable!] (restricted)
  11. 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. [Downloadable!] (restricted)
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