Overburdened judges

Ludivine Roussey and Raphael Soubeyran
Additional contact information
Ludivine Roussey: LIRAES - EA 4470 - Laboratoire Interdisciplinaire de Recherche Appliquée en Economie de la Santé - UPD5 - Université Paris Descartes - Paris 5, UPD5 - Université Paris Descartes - Paris 5, USPC - Université Sorbonne Paris Cité

CEE-M Working Papers from CEE-M, Universtiy of Montpellier, CNRS, INRA, Montpellier SupAgro

Abstract: We develop a double-sided moral hazard model in which the production of justice depends on two tasks (jurisdictional and administrative). The jurisdictional task can be provided only by a judge (the agent) while the administrative task can be provided either by the government (the principal) and/or by the judge. However, the judge performs the administrative task at a higher unit cost. First, we show that the rst-best situation is such that the judge exerts no effort to provide the administrative task. Second, we show that two forms of (second-best) optimal contract can emerge when neither the government's effort nor the judge's effort is contractible: either the incentives are shared between the government and the judge and the judge exerts no effort to provide the administrative task, or the judge faces high-powered incentives which induce her to exert effort to provide both tasks. Our model proposes a rationale for judges work overload observed in many countries.

Keywords: judicial organization; double-sided moral hazard; production of judicial services; task misallocation (search for similar items in EconPapers)
Date: 2018
New Economics Papers: this item is included in nep-hrm
Note: View the original document on HAL open archive server: https://shs.hal.science/halshs-01936006v1
References: View references in EconPapers View complete reference list from CitEc
Citations:

Downloads: (external link)
https://shs.hal.science/halshs-01936006v1/document (application/pdf)

Related works:
Journal Article: Overburdened judges (2018)
Working Paper: Overburdened judges (2018)
Working Paper: Overburdened judges (2018)
Working Paper: Overburdened judges (2018)
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:hal:wpceem:halshs-01936006

Access Statistics for this paper

More papers in CEE-M Working Papers from CEE-M, Universtiy of Montpellier, CNRS, INRA, Montpellier SupAgro Contact information at EDIRC.
Bibliographic data for series maintained by Laurent Garnier ().