By Hector Fix-Fierro
This examine explores the socio-legal context of financial rationality within the felony and, particularly, judicial structures. In so doing it explores the which means and relevance of the idea that of potency for the operation of courts and court docket platforms and seeks to reply to questions similar to: in what experience will we say that the adjudicative approach works successfully? What are the correct standards for the dimension and review of courtroom potency? may still the courts attempt to function successfully and to what volume is that this workable? what's the right courting among "efficiency" and "justice" concerns in a judicial continuing? to respond to those questions, a conceptual framework is built at the foundation of empirical experiences and surveys performed mostly within the usa, Western Europe and Latin the USA. even though the study's principal proposal - potency - is obviously an financial idea, the method present in the booklet is predominantly sociological insofar because it could be studying the social operation of felony associations, i.e., it seeks to determine how a easy proposal of potency is expounded to assorted social dimensions of the criminal process (including felony technological know-how) and courtroom operation, from the extent of society as a complete to the extent of person judicial court cases and judgements.
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What are their chances of overcoming the natural barriers of language, legal culture, the likely application of foreign laws, and the higher duration and costs of proceedings? The research project just cited also offers some interesting evidence in this respect. 126 The success rate of plaintiffs in all decisions was not very high: 21 per cent, of which 53 per cent corresponded to foreign plaintiffs and 7 per cent to foreign and US plaintiffs. 127 In Germany, nearly 80 per cent of international files failed to mention foreign or unified law and/or the parties argued in favor of the application of German law.
Indeed, such homogenisation and convergence processes have been visible for some time now 166 See Pardolesi (1990). ). He proposes the same general conclusion. In order to explore the theoretical functions and the explanatory possibilities of economic analysis in the context of a civilian system (here, the Mexican legal system), he first reviews the origins and development of Law and Economics in the United States. He considers that the economic approach can be a useful tool for the instrumental interpretation of legal rules and for legal policy in general (what he terms the ‘context of possibility’ of economic analysis).
This fosters a certain degree of competition and ‘rivalry’ between both approaches and raises the issue of their relative explanatory power. 159 Without wishing to take sides in this ‘dispute’, we assume that, in theory at least, the confrontation between both approaches can only result in a richer knowledge of the law. However, the combination of both approaches may not 159 Posner (1995) explicitly uses a law-and-economics perspective to examine the relative contributions of both disciplines to the study of the law.