Career judge system and court decision biases: Preliminary evidence from Japan

Hatsuru Morita, Manabu Matsunaka

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

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.

Original languageEnglish
Title of host publicationSelection and Decision in Judicial Process around the World
Subtitle of host publicationEmpirical Inquires
PublisherCambridge University Press
Pages132-159
Number of pages28
ISBN (Electronic)9781108694469
ISBN (Print)9781108474870
DOIs
Publication statusPublished - 2019 Dec 4

Keywords

  • Administrative cost
  • Career judge
  • Case law
  • Case management
  • Consumer law
  • Corporate law
  • International civil jurisdiction
  • Japanese judiciary
  • Legislation
  • Substantive efficiency

ASJC Scopus subject areas

  • Social Sciences(all)

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