scholarly journals The Tragedy of the Judiciary: An Inquiry into the Economic Nature of Law and Courts

2020 ◽  
Vol 21 (4) ◽  
pp. 644-673
Author(s):  
Ivo Teixeira Gico

AbstractThis Article explores the economic nature of law and courts as an explanation for the world’s endemic court congestion problem. The economic theory of goods and services is used to demonstrate that law has a dual nature—coercion and compliance—and that law as coercion is actually a club good that requires a complementary good to be useful, courts. But because courts are private goods in nature, the bundled product will behave as a private good. However, the unrestricted implementation of access-to-justice policies with the objective of increasing the people’s access to courts will transform the bundled product into a common pool resource. The counterintuitive result of this transformation is that granting unrestricted access to justice might actually prevent people from accessing their rights—the tragedy of the judiciary. Two policy implications are explored: The importance of legal certainty for the tragedy mitigation, and the potentially adverse selection problem resulting from court congestion.

2021 ◽  
Vol 65 (8) ◽  
pp. 22-30
Author(s):  
V. Kondrat’ev ◽  
G. Kedrova ◽  
V. Popov

A significant increase in the use of services is observed for some industries in GVCs (Global Value Chains). The paper has shed light on important dimension of the servitization which is the sale and export of services by manufacturing firms, often bundled together with goods. Firm-level data confirm that many firms are involved both in the production of goods and services and that there are complementarities between these activities. Not only manufacturing firms are involved in the distribution, transport and logistics services needed for their international operations in GVCs but also, they provide installation, maintenance, repair services as well as a variety of other business support and complementary services that increase value for their customers. The servitization has important policy implications, particularly when taking into account the fact that trade in services is generally more restricted than trade in goods. As the lines between goods and services are blurred, economic policy today might be more challenging than in the past, particularly for companies moving to new business models that imply more interactions with customers and a more intensive use of digital technologies. Services themselves are split into different modes of supply for which there are different levels of economic policy. A closer look at the mechanisms of value creation in the case of services suggests that there are still the needs of new economic policy addressed at business models described as value networks or value shops. As technologies become more disruptive and more companies move to ‘servicified’ GVCs, the need for a more consistent international economic policy regime, particularly at the multilateral level, will become more urgent.


2016 ◽  
Vol 11 (5) ◽  
pp. 57 ◽  
Author(s):  
Nadia Di Paola ◽  
Rosanna Spano ◽  
Roberto Vona ◽  
Adele Caldarelli

<p>The linkage between entrepreneurial ideas and actions continues to be central to the entrepreneurship debate. However, the possible implications of the various entrepreneurial motivations for the process are still largely understudied. On this basis, our study aims to contextualise the theoretical model linking entrepreneurial intentions, motivations and actions, with particular reference to academic entrepreneurship within the Life Sciences. We use the qualitative comparative analysis (QCA) set-theoretic method to process data gathered amongst 25 scholars active in the Life Sciences context. We carried out the analysis in two steps. The first reveals that a condition which determines entrepreneurial intentions is the absence of normative beliefs together with the presence of control beliefs. In contrast, the research highlights that the entrepreneurial intentions are able to determine the entrepreneurial action. However, as the second step shows, these alone are not sufficient and need to be complemented by extrinsic motivations, that is, those correlated to external incentives/benefits (above all of an economic nature). Our findings offer interesting insights into the whole phenomenon, revealing that the reference to specific contexts may well determine implications which differ from those already detected in the literature, with undeniable effects in terms of managerial and policy implications.</p>


2021 ◽  
pp. 155-186
Author(s):  
R. Barry Ruback

This last chapter, Chapter 8, looks at larger issues of economic sanctions. Reitz and Klingele, the reporters of the Model Penal Code argued that economic sanctions are unprincipled (they violate legal standards and discriminate against the poor), unsuccessful (they are generally unpaid and, as presently constituted, do not meet the purposes of sentencing), and are unending (local and state governments are continuing to impose economic sanctions and other legal financial obligations in order to meet budgetary needs). Also, in the final chapter the author discusses how the existing research can be used to inform policy, particularly regarding questions of whether there should be different types of economic sanctions, what those types should be, and what amounts of economic sanctions should be imposed. These policy arguments are based on the assumption that the law and courts should be concerned about victims, offenders, and the community.


Author(s):  
Peace A. Medie

This concluding chapter discusses the theoretical and empirical contributions of the book. It explains that while international pressure is important for the creation of specialized mechanisms, strong domestic pressure and favourable political and institutional conditions are key to how these mechanisms are institutionalized, and thus, to how the international women’s justice norm is implemented. The chapter connects this finding to the international relations, gender and politics, and African studies literatures and shows how the insights generated advance scholarship in these areas. It also discusses the policy implications of the findings and argues that specialized mechanisms can serve to increase girls’ and women’s access to justice in Africa, but only if embedded within a holistic framework.


2003 ◽  
Vol 8 (1) ◽  
pp. 83-92 ◽  
Author(s):  
D. Carver Andrew ◽  
Cem M. Basman ◽  
John G. Lee

Quantifying the value-added service which interpreters provide is crucial in protecting and managing all of our important resources. Unlike most private goods and services which have an observed price, most historic, cultural, or natural resources represent non-market goods. While researchers have traditionally used tourist spending combined with input-output models to estimate the value of non-market resources, this technique does not adequately capture the value of interpretive services. The primary purpose of this article is to present a general economic framework which can be used to assess the value of heritage interpretation. An economic model is presented to illustrate graphically how one could measure the total and marginal social value of interpretation. An overview of different non-market valuation techniques and a discussion of how economic values relate to an interpretive process model is also provided. The article concludes with an economic perspective on the issue of interpreter certification.


2013 ◽  
Vol 13 (03n04) ◽  
pp. 319-331 ◽  
Author(s):  
Maria E. de Boyrie ◽  
Mordechai Kreinin

This article tests the effect of change in the degree of openness to import of goods and services on a country’s productivity. The idea is that by driving resources to industries in which the country has a comparative advantage, imports contribute to increased productivity in the economy. Countries from three distinct regions (OECD, Latin America and Asia), separately and together, were used to test this proposition. A feasible generalized least square estimation method is applied to determine the effect of the capital to labor ratio, openness to imports and real gross domestic product on labor productivity. A panel vector error correction model as proposed by Pesaran et al. (1999) is also performed in order to determine any causal relationship. The effect of imports on labor productivity is found to be positive and significant for the 1990–2011 period under study, strengthening the case for free trade and leading to important policy implications.


1962 ◽  
Vol 16 (3) ◽  
pp. 619-631 ◽  

The sixteenth annual report of the Executive Directors of the International Monetary Fund for the fiscal year ending April 30, 1961, was transmitted to the Chairman of the Board of Governors on June 23, 1961, by Mr. Per Jacobsson, Chairman of the Executive Board. The report stated that in contrast to the year 1959, when virtually all countries had participated in world-wide expansion, the year 1960 and early part of 1961 had presented a less unified picture. For the world as a whole, the expansionary elements had considerably outweighed the contractionary elements. World industrial production, excluding the countries of the Soviet area, had been almost 6 percent greater in 1960 than in 1959, having grown by 10 percent; and the value of world trade had increased by 12 percent, compared with 6 percent in 1959. The stimulus for the rise in world trade had come predominantly from the booming European industrial countries and from Japan, which had increased their imports by nearly 20 percent; there had been a slight decline in imports from the United States and Canada. The imports of the less-industrialized countries had also increased considerably, by some 10 percent. Trade developments during 1960 had improved the basic international payments situation in some respects. Rising exports and slightly declining imports caused an increase in the surplus of private goods and services account in the United States. West Germany's surplus also increased, while France's remained stationary; decreases had been noted in several other industrial countries, in particular Japan and Italy, where the rate of economic expansion had been exceptionally high, and in the United Kingdom, mainly due to the sharp growth of imports associated with their high level of economic activity.


Author(s):  
Sandra Regina Martini ◽  
Ana Luísa Michelon ◽  
Joana D’Arc De Moraes Malheiros

Este artículo busca demostrar que existen otras formas de acceso a la justicia para consagrar el derecho a la salud, y que el fenómeno de la desjudicialización es una excelente alternativa para que las personas ejerzan sus derechos con total seguridad jurídica. Es el ejercicio del derecho a favor de la vida. Prueba de ello son los resultados positivos logrados al mediar conflictos en lugar de presentar una demanda, así como al instrumentalizar varios actos legales en notarios extrajudiciales y cámaras privadas de conciliación y mediación. La metodología utilizada fue la investigación bibliográfica de autores de renombre que comenzaron a desarrollar formas de resolución de disputas, sin la necesidad de activar el poder judicial, se realizó una investigación exploratoria en doctrina y legislación, utilizando el método deductivo. La investigación es extremadamente importante porque analiza un tema actual, que tiene repercusiones en las esferas legal y social.   Esse artigo busca demonstrar que existem outras formas de acesso à justiça para consagrar o direito à saúde, e que o fenômeno da desjudicialização é uma excelente alternativa para que o indivíduo exerça seus direitos com plena segurança jurídica. É o exercício do direito em favor da vida. Prova disso são os resultados positivos alcançados com a mediação de conflitos, em vez do ajuizamento de uma demanda judicial, e como com a instrumentalização de diversos atos jurídicos nos cartórios extrajudiciais e nas Câmaras Privadas de Conciliação e Medição. A metodologia utilizada foi a pesquisa bibliográfica de renomados autores que passaram a desenvolver formas de solução de litígios, sem a necessidade de se acionar o Poder Judiciário, realizou-se pesquisa de cunho exploratório em doutrina e legislação, valendo-se do método dedutivo. A pesquisa é de suma importância porque analisa um tema atual, que repercute nos âmbitos jurídicos e sociais.   This article seeks to demonstrate that there are other forms of access to justice to consecrate the right to health, and that the phenomenon of dejudicialization is an excellent alternative for individuals to exercise their rights with full legal certainty. It is the exercise of law in favor of life. Proof of this is the positive results achieved by mediating conflicts rather than filing a lawsuit, as well as by instrumentalizing various legal acts in extrajudicial notaries and private conciliation and metering chambers. The methodology used was the bibliographic research of renowned authors who began to develop forms of dispute resolution, without the need to trigger the judiciary, was conducted exploratory research in doctrine and legislation, using the deductive method. The research is extremely important because it analyzes a current theme, which has repercussions in the legal and social spheres.


2019 ◽  
Vol 17 (1) ◽  
Author(s):  
Siti Mariyam

<div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span>The industrial revolution 4.0 has influenced businesses in the field of trade in goods and services. In the trade of services, a new type of online rental service / taxi has emerged. Special leased transportation is a door-to-door transportation service with drivers who have operational areas in urban areas, from airports to airports, ports or other transportation nodes and reservations using information technology-based applications, with the tariff rates listed in the application. The implementation of this special rental transportation is based on the Regulation of the Minister of Transportation Number 118 of 2018 concerning the Implementation of Special Rental Transportation. To provide legal certainty on aspects of safety, security, comfort, equality, afford ability, and regularity for the community over the implementation of special rental transportation, and to support development to realize public welfare as mandated by the 1945 Constitution of the Republic of Indonesia. </span></p></div></div></div>


2021 ◽  
Vol 13 (21) ◽  
pp. 12153
Author(s):  
José M. Belbute ◽  
Alfredo M. Pereira

This paper establishes an empirical relationship between CO2 emissions from burning fossil fuels and household consumption of nondurable goods and services. Using a typical life cycle-permanent income hypothesis framework, we reject the hypothesis that inclusion of CO2 emissions in the consumption function is not supported by the data. Furthermore, our results suggest the existence of a distaste effect or negative state dependence effect. This result has important policy implications as it suggests that decarbonizing the economy would ultimately stimulate household consumption. Our results also have implications for both the cyclical behavior and the smoothing process of consumption, which depend on the branch of the environmental Kuznets curve that the country is on as well as on the prevalence of intertemporal dependent preferences.


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