The Legal-Economic Analysis of Comparative Civil Procedure
Bibliographic Data
| ID | 9531265 |
|---|---|
| Authors | Geoffrey P Miller (New York University, corresponding author) |
| Year | 1997 |
| Volume | 45 |
| Issue | 4 |
| Pages | 905 |
| Publication date | 1997-01-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | The American Journal of Comparative Law (JOURNAL) |
| Journal identifiers | ISSN: 0002-919X • E-ISSN: 2326-9197 |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.2307/841025 |
| OpenAlex | W2015754517 |
| Language | EN |
| Citations received | 3 |
The comparative analysis of civil procedure examines dispute-resolution systems from different jurisdictions, with an eye toward identitying symilarities and differences, enhancing the understanding of particular systems, encouraging law reform, and facilitating harmonization. To date, comparative civil procedure has not drawn extensively from the literature on the economic analysis of procedural rules and methods. Yet economics has much to offer the comparative proceduralist. This paper models the trade-off between substance and procedure, and places different procedural systems in the model space. Systems such as the United States, which are procedurally intensive, may fail to achieve the optimum trade-off because too many resources are allocated to the effort to arrive at a correct result. Systems such as France, which are procedurally streamlined, may err in the other direction. Some systems may be inefficient in both senses; for example, they may utilize costly procedures that do not increase the likelihood of a substantively accurate result. This paper provides a simple scheme for analyzing and comparing procedural systems across countries
Business · Civil procedure · Comparative advantage · Economic analysis · Economics · Harmonization · International trade · Law and economics · Management science · Operations research · Political science · Resolution (logic) · Risk analysis (engineering) · Simple (philosophy) · Artificial Intelligence · Computer Science · Engineering · European and International Contract Law · Law · Law, Economics, and Judicial Systems · Legal and Constitutional Studies
| Citations per year | 0.23 |
|---|---|
| Citation span | 2013 - 2023 (11) |
| Highly cited | No |