TY - JOUR
T1 - The undesirability of detailed judicial reasoning
AU - Niv, Moshe Bar
AU - Safra, Zvi
PY - 1999
Y1 - 1999
N2 - In this paper we question the general practice in which Common Law based judicial systems produce detailed written decisions. The requirement to produce written court decisions is expensive and helps produce long delays. Furthermore, we show that the general applicability of detailed reasoning may be inefficient. Our method of proving this claim is to show that the individual litigants have almost nothing to gain from having a detailed written reasoning. In fact, most of the time, they are clearly better off by being able to switch to a policy that requires no written opinion. Our approach is most appropriate in circumstances of pecuniary private disputes where the parties involved act as rational utility, or profit, maximizers.
AB - In this paper we question the general practice in which Common Law based judicial systems produce detailed written decisions. The requirement to produce written court decisions is expensive and helps produce long delays. Furthermore, we show that the general applicability of detailed reasoning may be inefficient. Our method of proving this claim is to show that the individual litigants have almost nothing to gain from having a detailed written reasoning. In fact, most of the time, they are clearly better off by being able to switch to a policy that requires no written opinion. Our approach is most appropriate in circumstances of pecuniary private disputes where the parties involved act as rational utility, or profit, maximizers.
KW - Detailed judicial reasoning
KW - Litigation process
UR - http://www.scopus.com/inward/record.url?scp=33750819643&partnerID=8YFLogxK
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AN - SCOPUS:33750819643
SN - 0929-1261
VL - 7
SP - 161
EP - 174
JO - European Journal of Law and Economics
JF - European Journal of Law and Economics
IS - 2
ER -