Evidence Production in Adversarial vs. Inquisitorial Regimes
Vanderbilt University - Strategy and Business Economics
Bruce H. Kobayashi
George Mason University - School of Law
Economics Letters, Vol. 70, No. 2, pp. 267-272, February 2001
Vanderbilt Law School, Joe C. Davis Working Paper No. 99-13
George Mason Law & Economics Research Paper No. 00-19
The advantage of the adversarial regime of judicial decision-making is the superior information of the parties while the advantage of an idealized inquisitorial regime is its neutrality. We model the tradeoff by characterizing the properties of costly estimators used by each regime. The adversarial regime uses an ?extremal? estimator that is based on the difference between the most favorable pieces of evidence produced by each party. The inquisitorial regime uses the sample mean. We find that neither regime dominates the other.
Number of Pages in PDF File: 11
JEL Classification: K41, D83
Date posted: April 7, 2000
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