The Tragedy of the Judiciary: An Inquiry into the Economic Nature of Law and Courts

54 Pages Posted: 18 Aug 2018

See all articles by Ivo T. Gico Jr.

Ivo T. Gico Jr.

Centro Universitário de Brasília (UniCEUB)

Date Written: November 11, 2018

Abstract

This paper explores the economic nature of law and courts as an explanation for the world’s endemic court congestion problem. The economic theory of goods and services is used to demonstrate that law as coercion is a club good, courts are private goods, and both are complementary goods. These results are then used to show that traditional access-to-justice policies transform the economic nature of courts into a common pool resource, which may lead to court congestion and increased access to the judicial system while simultaneously excluding people from having access to their rights, the Tragedy of the Judiciary. Two policy implications are explored: the importance of legal certainty for the tragedy mitigation, and the potentially adverse selection problem resulting from court congestion.

Keywords: Court Congestion; Legal Theory; Nature of Law; Nature of Courts; Tragedy of the Judiciary

JEL Classification: K40; K41; K49

Suggested Citation

Gico Júnior, Ivo Teixeira, The Tragedy of the Judiciary: An Inquiry into the Economic Nature of Law and Courts (November 11, 2018). Available at SSRN: https://ssrn.com/abstract=3226825 or http://dx.doi.org/10.2139/ssrn.3226825

Ivo Teixeira Gico Júnior (Contact Author)

Centro Universitário de Brasília (UniCEUB) ( email )

SEPN 707/909 - Campus UniCEUB
Asa Norte
Brasilia, DF 70790-075
Brazil

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