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Jury on Stage: A Common Law Play

Author

Listed:
  • Manfred Holler

    (Institute of SocioEconomics, University of Hamburg)

  • Martin Leroch

    (University of Hamburg)

Abstract

Legal processes have a theatrical component to them. They offer an audience (the spectators) and actors (the legal parties, lawyers, as well as the jury and judge) who perform a play on the stage of the courtroom. In this paper we focus on the role of the jury, which appears to be simultaneously audience and actor. As audience, it assures that the power of the judge is limited. As actor, the jury is able to play its role in such a way as to incorporate social attitudes into the verdict. Exploring this theatrical component may shed new light on the debate whether juries are a "good" way of finding legal settlements. Further, it could indicate how legal processes are perceived by the public. As our line of argument builds on Adam Smith's moral and legal philosophy, the analysis may also contribute to the understanding of one of the building blocks of Smith's philosophy, namely the impartial spectator.

Suggested Citation

  • Manfred Holler & Martin Leroch, "undated". "Jury on Stage: A Common Law Play," German Working Papers in Law and Economics 2008-1-1220, Berkeley Electronic Press.
    • Handle: RePEc:bep:dewple:2008-1-1220
    Note: oai:bepress:
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    Cited by:

    1. is not listed on IDEAS
    2. Dold, Malte, 2015. "Condorcet's jury theorem as a rational justification of soft paternalistic consumer policies," Discussion Paper Series 2015-07, University of Freiburg, Wilfried Guth Endowed Chair for Constitutional Political Economy and Competition Policy.

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    Keywords

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    JEL classification:

    • A13 - General Economics and Teaching - - General Economics - - - Relation of Economics to Social Values
    • B12 - Schools of Economic Thought and Methodology - - History of Economic Thought through 1925 - - - Classical (includes Adam Smith)
    • B30 - Schools of Economic Thought and Methodology - - History of Economic Thought: Individuals - - - General
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General
    • Z0 - Other Special Topics - - General

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