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The “Demand for Justice” in Italy: Civil Litigation and the Judicial System

In: Italian Institutional Reforms: A Public Choice Perspective

Author

Listed:
  • Ernesto L. Felli

    (Università Roma Tre)

  • David Andres Londoñ-Bedoya

    (Università of Rome II)

  • Nazaria Solferino

    (Università of Milan – Bicocca)

  • Giovanni Tria

    (Università of Rome II)

Abstract

This study provides an interpretative scheme of the so-called “demand for justice” in Italy. Using a microeconomic model of the choice of litigants, the characteristics of the judicial, legal, and economic systems have been modeled as they influence the decisions of the two parties and may cause opportunistic behavior, which, in their turn, may have an impact on the shape of the two systems. An empirically testable model has been derived from this theoretical framework. The empirical analysis shows that lengthy time-spans and raised costs of associated processes and high market rates have a disincentive effect on recourse to justice, which seems to prevail over that connected to opportunistic behavior of the plaintiff. We do not find evidence for the socalled pathological demand hypothesis, which has been emphasized in recent literature. Key words: Demand for justice, incentives, judicial system.

Suggested Citation

  • Ernesto L. Felli & David Andres Londoñ-Bedoya & Nazaria Solferino & Giovanni Tria, 2008. "The “Demand for Justice” in Italy: Civil Litigation and the Judicial System," Springer Books, in: Fabio Padovano & Roberto Ricciuti (ed.), Italian Institutional Reforms: A Public Choice Perspective, chapter 0, pages 155-177, Springer.
    • Handle: RePEc:spr:sprchp:978-0-387-72141-5_9
    DOI: 10.1007/978-0-387-72141-5_9
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