思想有后果:法律经济学对美国司法的影响

Ideas Have Consequences: The Impact of Law and Economics on American Justice

Quarterly Journal of Economics · 2022
被引 42
人大 A+FT50ABS 4*

中文导读

实证研究了1976-1999年间参加曼恩经济学培训的联邦法官,发现培训后法官在判决中更多使用经济学语言、更常反对监管机构、并判处更严厉的刑罚。

Abstract

Abstract This article empirically studies the effects of the early law and economics movement on the U.S. judiciary. We focus on the Manne Economics Institute for Federal Judges, an intensive economics course that trained almost half of federal judges between 1976 and 1999. Using the universe of published opinions in U.S. Circuit Courts and 1 million District Court criminal sentencing decisions, we estimate the within-judge effect of Manne program attendance. Selection into attendance was limited, as the program was popular among judges of all backgrounds, frequently oversubscribed, and admitted participants on a first-come, first-served basis. We find that after attending economics training, participating judges use more economics language in their opinions, rule against regulatory agencies more often, and impose more severe criminal sentences. We argue that economics, as a rigorous social science, was especially effective in persuading judges.

法律经济学司法判决法官培训量刑