法院稳定性如何影响法律稳定性?

How Does Court Stability Affect Legal Stability?

Journal of Law, Economics, and Organization · 2022
被引 1
ABS 3

中文导读

研究法院中多数与少数意识形态的相对影响力变化如何影响法律稳定性,发现未来不确定性反而可能维持现状,且温和标准比极端标准更持久。

Abstract

Abstract Judicial ideology in court has attracted the attention of political scientists and legal economists. The question we address here is the extent to which ideological stability impacts the law. We consider a model where a court has two judicial ideological inclinations, majority and minority. However, they may change their relative influence over time. We show that, while both sides have a preferred legal policy and want their standard to become law, the two groups may compromise on not changing the standard, thus maintaining the status quo, because of majority uncertainty in the future. One important implication from our article is that less certainty concerning the future (in terms of majority and minority ideology) could actually make the law more stable in the present (since the standard is unchanged). In addition, we prove that moderate standards are more likely to endure the passage of time when compared to extreme standards.

法律经济学司法意识形态政治学法律稳定性