11 Pages Posted: 7 Apr 2000
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.
JEL Classification: K41, D83
Suggested Citation: Suggested Citation
Froeb, Luke and Kobayashi, Bruce H., Evidence Production in Adversarial vs. Inquisitorial Regimes. 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. Available at SSRN: https://ssrn.com/abstract=179182 or http://dx.doi.org/10.2139/ssrn.179182
By W. Macleod