Análisis económico de la administración de justicia: ¿La justicia como bien público o privado?

Translated title of the contribution: Economic analysis of justice administration: ¿Justice as a public or private good?

RAUL EDUARDO NUÑEZ OJEDA, Nicolás Carrasco Delgado

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Abstract

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 contributionEconomic analysis of justice administration: ¿Justice as a public or private good?
Original languageSpanish
Pages (from-to)595-613
Number of pages19
JournalRevista Chilena de Derecho
Volume42
Issue number2
StatePublished - 1 Aug 2015

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