This paper focuses in the debate of a concept of justice conceived as a public good. By using tools of the Law and Economics, the traditional theories existing in Chile that considers the administration of justice as a private good, will be questioned. In the following pages, the essential condition of justice as a public good is argued, in order to dismiss the arguments offered by traditional theories that suggest the privatization of justice. The article proposes a new way to understand the jurisdictional function, considering efficiency as reasoning criteria of judicial decisions. Thus, is possible to obtain positive public externalities that justify the state investment in justice.
|Translated title of the contribution||Economic analysis of justice administration: ¿Justice as a public or private good?|
|Number of pages||19|
|Journal||Revista Chilena de Derecho|
|State||Published - 1 Aug 2015|