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Jury on stage: a common law play

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  • Manfred Holler
  • Martin Leroch

Abstract

Legal processes have a theatrical component to them. They offer an audience (the spectators) and actors (the legal parties, lawyers, as well as the jury and judge) who perform a play on the stage of the courtroom. In this paper we focus on the role of the jury, which appears to be simultaneously audience and actor. As audience, it assures that the power of the judge is limited. As actor, the jury is able to play its role in such a way as to incorporate social attitudes into the verdict. Exploring this theatrical component may shed new light on the debate whether juries are a "good" way of finding legal settlements. Further, it could indicate how legal processes are perceived by the public. As our line of argument builds on Adam Smith's moral and legal philosophy, the analysis may also contribute to the understanding of one of the building blocks of Smith's philosophy, namely the impartial spectator.
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Suggested Citation

  • Manfred Holler & Martin Leroch, 2010. "Jury on stage: a common law play," European Journal of Law and Economics, Springer, vol. 30(2), pages 89-110, October.
    • Handle: RePEc:kap:ejlwec:v:30:y:2010:i:2:p:89-110
    DOI: 10.1007/s10657-009-9132-8
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    References listed on IDEAS

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    1. Levy, David M. & Peart, Sandra J., 2004. "Sympathy And Approbation In Hume And Smith: A Solution To The Other Rational Species Problem," Economics and Philosophy, Cambridge University Press, vol. 20(2), pages 331-349, October.
    2. Jenkins, Stephen & Austen-Smith, David, 1987. "Interdependent decision-making in non-profit industries: A simultaneous equation analysis of English provincial theatre," International Journal of Industrial Organization, Elsevier, vol. 5(2), pages 149-174.
    3. Francesco Parisi & Charles K. Rowley (ed.), 2005. "The Origins of Law and Economics," Books, Edward Elgar Publishing, number 2695.
    4. Holler, Manfred J. & Leroch, Martin, 2008. "Impartial Spectator, Moral Community, And Some Legal Consequences," Journal of the History of Economic Thought, Cambridge University Press, vol. 30(3), pages 297-316, September.
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    Cited by:

    1. Dold, Malte, 2015. "Condorcet's jury theorem as a rational justification of soft paternalistic consumer policies," Discussion Paper Series 2015-07, University of Freiburg, Wilfried Guth Endowed Chair for Constitutional Political Economy and Competition Policy.

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    More about this item

    Keywords

    Jury; Legal proceedings; Adam Smith; Impartial spectator; Theatre; A13; B12; B30; K40; Z0;
    All these keywords.

    JEL classification:

    • A13 - General Economics and Teaching - - General Economics - - - Relation of Economics to Social Values
    • B12 - Schools of Economic Thought and Methodology - - History of Economic Thought through 1925 - - - Classical (includes Adam Smith)
    • B30 - Schools of Economic Thought and Methodology - - History of Economic Thought: Individuals - - - General
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General
    • Z0 - Other Special Topics - - General

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