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Judicial Independence in Civil Law Regimes: Econometrics from Japan

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Author Info
J. Mark Ramseyer (University of Chicago Law School)
Eric B. Rasmusen (Indiana University School of Business)

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Abstract

Because civil-law systems hire unproven jurists into career judiciaries, many maintain elaborate incentive structures to prevent their judges from shirking. We use personnel data (backgrounds, judicial decisions, job postings) on 275 Japanese judges to explore general determinants of career success and to test how extensively politicians manipulate career incentives for political ends. We find strong evidence that the judicial system rewards the smartest and most productive judges. Contrary to some observers, we find no evidence of on-going school cliques, and no evidence that the system favors judges who mediate over those who adjudicate. More controversially, we locate three politically driven phenomena. First, even as late as the 1980's, judges who joined a prominent leftist organization in the 1960's were receiving less attractive jobs. Second, judges who decided a high percentage of cases against the government early in their careers were still receiving less attractive jobs than their peers in 1980s. Finally, whenever a judge decided a case against the government, he incurred a significant risk that the government would soon punish him with a less attractive post.

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Paper provided by EconWPA in its series Public Economics with number 9603001.

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Date of creation: 12 Mar 1996
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Handle: RePEc:wpa:wuwppe:9603001

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Web page: http://129.3.20.41

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Find related papers by JEL classification:
D6 - Microeconomics - - Welfare Economics
D7 - Microeconomics - - Analysis of Collective Decision-Making
H - Public Economics

References listed on IDEAS
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  1. 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.
  2. Landes, William M & Posner, Richard A, 1975. "The Independent Judiciary in an Interest-Group Perspective," Journal of Law & Economics, University of Chicago Press, vol. 18(3), pages 875-901, December.
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  3. Rasmusen, Eric, 1994. "Judicial Legitimacy as a Repeated Game," Journal of Law, Economics and Organization, Oxford University Press, vol. 10(1), pages 63-83, April.
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  4. Anderson, Gary M & Shughart, William F, II & Tollison, Robert D, 1989. "On the Incentives of Judges to Enforce Legislative Wealth Transfers," Journal of Law & Economics, University of Chicago Press, vol. 32(1), pages 215-28, April.
  5. North, Douglass C, 1991. "Institutions," Journal of Economic Perspectives, American Economic Association, vol. 5(1), pages 97-112, Winter. [Downloadable!] (restricted)
  6. Ramseyer, J Mark, 1994. "The Puzzling (In)dependence of Courts: A Comparative Approach," Journal of Legal Studies, University of Chicago Press, vol. 23(2), pages 721-47, June.
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