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Is Sky the Limit? Revisiting ‘Exogenous Productivity of Judges’ Argument

Authors:

Kamil Jonski ,

Ministry of Justice, Republic of Poland, PL
About Kamil
Expert, Department of Strategy and Deregulation
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Daniel Mankowski

Ministry of Justice, Republic of Poland and University of Warsaw, Faculty of Law and Administration, Institute of Criminal Law, Department of Criminalistics, PL
About Daniel
Expert, Department of Strategy and Deregulation
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Abstract

This paper revisits ‘exogenous productivity of judges’ hypothesis, laid down in numerous Law & Economics studies based on ‘production function’ approach. It states that judges confronted with growing caseload pressure, adjust their productivity thereby increasing number of resolved cases. We attribute such results to assumptions regarding the shape of court’s ‘production function’, and present alternative – hockey-stick ‘production function’ model, explicitly taking into account the time constraint faced by judges. Hence, we offer an attempt to reconcile ‘production function’ with more traditional approaches to the court performance – such as weighted caseload methods. We argue that such empirical strategy is particularly valuable in case of continental legal systems – characterized by higher procedural formalism. We also propose extended methodology of model evaluation, taking into account their ability to reproduce empirical regularities observed in ‘real world’ court systems.
How to Cite: Jonski, K. & Mankowski, D., (2014). Is Sky the Limit? Revisiting ‘Exogenous Productivity of Judges’ Argument. International Journal for Court Administration. 6(2), pp.53–72. DOI: http://doi.org/10.18352/ijca.135
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Published on 18 Dec 2014.
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