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Judicial Legitimacy as a Repeated Game

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  • Rasmusen, Eric

Abstract

An independent judiciary faces the problem of how to restrain high-court judges from indulging their personal whims. One restraint is the desire of judges to influence future judges. To do so, judges may have to maintain their own or the system's legitimacy by restraining their own behavior. This situation can be viewed as an equilibrium of an infinitely repeated game. Such a game has many equilibria, some of which are Pareto superior to others. In some equilibria, self-interested judges are responsible even without the threat of external penalties. Copyright 1994 by Oxford University Press.

Suggested Citation

  • 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.
  • Handle: RePEc:oup:jleorg:v:10:y:1994:i:1:p:63-83
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    Cited by:

    1. J. Mark Ramseyer & Eric B. Rasmusen, 2001. "When are Judges and Bureaucrats Left Independent? Theory and History from Imperial Japan, Postwar Japan, and the United States," CIRJE F-Series CIRJE-F-126, CIRJE, Faculty of Economics, University of Tokyo.
    2. Aldashev, Gani & Chaara, Imane & Platteau, Jean-Philippe & Wahhaj, Zaki, 2012. "Using the law to change the custom," Journal of Development Economics, Elsevier, vol. 97(2), pages 182-200.
    3. Matthew C. Stephenson, 2009. "Legal Realism for Economists," Journal of Economic Perspectives, American Economic Association, vol. 23(2), pages 191-211, Spring.
    4. Max Albert, 2006. "Product Quality in Scientific Competition," Papers on Strategic Interaction 2006-06, Max Planck Institute of Economics, Strategic Interaction Group.
    5. Chen, Ying & Eraslan, Hulya, 2018. "Learning While Setting Precedents," Working Papers 18-001, Rice University, Department of Economics.
    6. Gilat Levy, 2005. "Careerist Judges," RAND Journal of Economics, The RAND Corporation, vol. 36(2), pages 275-297, Summer.
    7. Kirstein, Roland & Schmidtchen, Dieter, 1997. "Judicial detection skill and contractual compliance," International Review of Law and Economics, Elsevier, vol. 17(4), pages 509-520, December.
    8. Rustam Romaniuc, 2012. "Judicial Dissent under Externalities and Incomplete Information," Czech Economic Review, Charles University Prague, Faculty of Social Sciences, Institute of Economic Studies, vol. 6(3), pages 209-224, October.
    9. Timothy M. Shaughnessy, 2005. "A Preliminary Analysis of Campaign Contributions in Florida's Legislative and Judicial Elections," Journal of Private Enterprise, The Association of Private Enterprise Education, vol. 20(Spring 20), pages 43-67.
    10. J. Mark Ramseyer & Eric B. Rasmusen, 1996. "Judicial Independence in Civil Law Regimes: Econometrics from Japan," Public Economics 9603001, University Library of Munich, Germany.
    11. Ying Chen & Hulya Eraslan, 2018. "Learning While Setting Precedents," KoƧ University-TUSIAD Economic Research Forum Working Papers 1810, Koc University-TUSIAD Economic Research Forum.
    12. Joseph A. McCAHERY & Erik P.M. VERMEULEN & HISATAKE Masato & SAITO Jun, 2007. "Traditional and Innovative Approaches to Legal Reform: 'The New Company Law'," Discussion papers 07033, Research Institute of Economy, Trade and Industry (RIETI).
    13. Robert P. Inman, 1996. "Do Balanced Budget Rules Work? U.S. Experience and Possible Lessons for the EMU," NBER Working Papers 5838, National Bureau of Economic Research, Inc.
    14. Aspasia Tsaoussi & Eleni Zervogianni, 2010. "Judges as satisficers: a law and economics perspective on judicial liability," European Journal of Law and Economics, Springer, vol. 29(3), pages 333-357, June.
    15. Martin Andrew D. & Hazelton Morgan L.W., 2012. "What Political Science Can Contribute to the Study of Law," Review of Law & Economics, De Gruyter, vol. 8(2), pages 511-529, October.

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