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You Are In Charge – Experimentally Testing the Motivating Power of Holding a Judicial Office

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  • Christoph Engel

    (Max Planck Institute for Research on Collective Goods)

  • Lilia Zhurakhovska

    (University of Duisburg-Essen)

Abstract

Apparently judges’ decisions are not motivated by maximizing their own profit. The literature uses two strategies to explain this observation: judges care about the long-term monetary consequences for themselves, or individuals who are more strongly motivated by the common good self-select into the profession. We suggest that there is an additional explanation, the "office motive". In a lab experiment, we rule out both traditional explanations by design. Nonetheless authorities do a reliable job at overcoming a social dilemma. Calling the authorities "public official" or "judge" increases their sensitivity towards the degree by which individuals are selfish, and it reduces the effect of their social value orientation (making them more neutral). This suggests that the socially desirable effect is not driven by anger or sympathy with the victims, but follows from the desire to fulfill the expectations that come with the assigned task. We test three extensions: When given an opportunity to announce an explicit policy, judges become less sensitive to the objective degree of reproach, and more sensitive to their social value orientation. If judges are elected or experienced, they react more intensely to norm violations. Experienced judges are more affected by their social value orientation.

Suggested Citation

  • Christoph Engel & Lilia Zhurakhovska, 2016. "You Are In Charge – Experimentally Testing the Motivating Power of Holding a Judicial Office," Discussion Paper Series of the Max Planck Institute for Research on Collective Goods 2016_15, Max Planck Institute for Research on Collective Goods.
  • Handle: RePEc:mpg:wpaper:2016_15
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    References listed on IDEAS

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    Citations

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    Cited by:

    1. Jan Philipp Krügel & Nicola Maaser, 2020. "Cooperation and Norm-Enforcement under Impartial vs. Competitive Sanctions," Economics Working Papers 2020-15, Department of Economics and Business Economics, Aarhus University.
    2. Konstantinos Kalliris & Theodore Alysandratos, 2023. "One judge to rule them all: Single‐member courts as an answer to delays in criminal trials," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 20(1), pages 233-268, March.
    3. Christoph Engel, 2022. "Judicial Decision-Making. A Survey of the Experimental Evidence," Discussion Paper Series of the Max Planck Institute for Research on Collective Goods 2022_06, Max Planck Institute for Research on Collective Goods.
    4. Christoph Engel & Keren Weinshall, 2020. "Manna from Heaven for Judges: Judges’ Reaction to a Quasi‐Random Reduction in Caseload," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 17(4), pages 722-751, December.
    5. Florian Baumann & Sophie Bienenstock & Tim Friehe & Maiva Ropaul, 2023. "Fines as enforcers’ rewards or as a transfer to society at large? Evidence on deterrence and enforcement implications," Public Choice, Springer, vol. 196(3), pages 229-255, September.
    6. Christoph Engel, 2022. "Lucky you: Your case is heard by a seasoned panel—Panel effects in the German Constitutional Court," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 19(4), pages 1179-1221, December.
    7. Gregory DeAngelo & Bryan C. McCannon, 2019. "Political competition in judge and prosecutor elections," European Journal of Law and Economics, Springer, vol. 48(2), pages 167-193, October.
    8. Christoph Engel, 2021. "Lucky You: Your Case is Heard by a Seasoned Panel – Panel Effects in the German Constitutional Court," Discussion Paper Series of the Max Planck Institute for Research on Collective Goods 2021_05, Max Planck Institute for Research on Collective Goods, revised 01 Jun 2022.
    9. Christoph Engel & Klaus Heine, 2017. "The dark side of price cap regulation: a laboratory experiment," Public Choice, Springer, vol. 173(1), pages 217-240, October.
    10. Christoph Engel & Svenja Hippel, 2017. "Experimental Social Planners: Good Natured, but Overly Optimistic," Discussion Paper Series of the Max Planck Institute for Research on Collective Goods 2017_23, Max Planck Institute for Research on Collective Goods.
    11. Christoph Engel, 2019. "When Does Transparency Backfire? Putting Jeremy Bentham's Theory of General Prevention to the Experimental Test," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 16(4), pages 881-908, December.

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    More about this item

    Keywords

    judicial behavior; office motive; public-goods experiment; judicial frame; election; experience;
    All these keywords.

    JEL classification:

    • C91 - Mathematical and Quantitative Methods - - Design of Experiments - - - Laboratory, Individual Behavior
    • D03 - Microeconomics - - General - - - Behavioral Microeconomics: Underlying Principles
    • D63 - Microeconomics - - Welfare Economics - - - Equity, Justice, Inequality, and Other Normative Criteria and Measurement
    • D73 - Microeconomics - - Analysis of Collective Decision-Making - - - Bureaucracy; Administrative Processes in Public Organizations; Corruption
    • H11 - Public Economics - - Structure and Scope of Government - - - Structure and Scope of Government
    • H41 - Public Economics - - Publicly Provided Goods - - - Public Goods
    • H83 - Public Economics - - Miscellaneous Issues - - - Public Administration
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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