A Law and Economics Perspective on Judicial Risk Regulation

Forthcoming in Special Issue of the European Journal of Risk Regulation

24 Pages Posted: 13 Dec 2017  

Josephine A. W. van Zeben

University of Oxford - Worcester College

Date Written: December 12, 2017

Abstract

This special issue provides several perspectives on the potential and limits of judicial risk regulation as a mechanism to redress actual and perceived regulatory failures. Central to this inquiry is the legitimacy of the court system to act as a risk regulator, specifically as compared to governmental actors. This Article focuses on the question of institutional competency of juridical risk regulators from a law and economics (‘L&E’) perspective. L&E scholarship will be used to help to understand the relative strengths and weaknesses of courts of risk regulators and helps us decide when court may act as substitute risk regulators or when they are better positioned as complements.

Keywords: Risk Regulation, Courts, Law and Economics, Legitimacy

JEL Classification: K10, K41

Suggested Citation

van Zeben, Josephine A. W., A Law and Economics Perspective on Judicial Risk Regulation (December 12, 2017). Forthcoming in Special Issue of the European Journal of Risk Regulation . Available at SSRN: https://ssrn.com/abstract=3086680 or http://dx.doi.org/10.2139/ssrn.3086680

Josephine A. W. Van Zeben (Contact Author)

University of Oxford - Worcester College ( email )

Walton Street
Oxford, OX1 2HB
United Kingdom

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