Book contents
- Selection and Decision in Judicial Process around the World
- Selection and Decision in Judicial Process around the World
- Copyright page
- Dedication
- Contents
- List of Figures
- List of Tables
- List of Contributors
- Acknowledgments
- Introduction
- 1 Do Patent Law Suits Target Invalid Patents?
- 2 Platform Procedure
- 3 Speedy Adjudication in Hard Cases and Low Settlement Rates in Easy Cases
- 4 How Lower Courts Respond to a Change in a Legal Rule
- 5 Career Judge System and Court Decision Biases
- 6 Judges Avoid Ex Post but Not Ex Ante Inefficiency
- 7 When Winning Is Not Enough
- 8 The Evolution of Case Influence in Modern Consumer Standard Form Contracts
- 9 Judging Insurance Antidiscrimination Law
- 10 Are Judges Harsher with Repeat Offenders?
- 11 Does Efficiency Trump Legality?
- Index
- References
5 - Career Judge System and Court Decision Biases
Preliminary Evidence from Japan
Published online by Cambridge University Press: 04 December 2019
Edited by
Book contents
- Selection and Decision in Judicial Process around the World
- Selection and Decision in Judicial Process around the World
- Copyright page
- Dedication
- Contents
- List of Figures
- List of Tables
- List of Contributors
- Acknowledgments
- Introduction
- 1 Do Patent Law Suits Target Invalid Patents?
- 2 Platform Procedure
- 3 Speedy Adjudication in Hard Cases and Low Settlement Rates in Easy Cases
- 4 How Lower Courts Respond to a Change in a Legal Rule
- 5 Career Judge System and Court Decision Biases
- 6 Judges Avoid Ex Post but Not Ex Ante Inefficiency
- 7 When Winning Is Not Enough
- 8 The Evolution of Case Influence in Modern Consumer Standard Form Contracts
- 9 Judging Insurance Antidiscrimination Law
- 10 Are Judges Harsher with Repeat Offenders?
- 11 Does Efficiency Trump Legality?
- Index
- References
Summary
Laws are made by the judiciary as well as by the legislative and the executive branches of government. This book chapter explores how the career judge system of Japan affects the efficiency of court decisions both theoretically and empirically. We find evidence that judges under the career judge system are tempted to place great weight on case-handling efficiency rather than substantive efficiency, which leads to socially efficient outcomes in some cases, but suboptimal outcomes in others. We also highlight several important factors for the analysis of court behavior.
Keywords
- Type
- Chapter
- Information
- Selection and Decision in Judicial Process around the WorldEmpirical Inquires, pp. 132 - 159Publisher: Cambridge University PressPrint publication year: 2019
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