{"title":"在寻求收入的法律机构中诉诸司法","authors":"H. Simpson","doi":"10.1177/09516298231162040","DOIUrl":null,"url":null,"abstract":"Legal bias against the poor, and competition from nonstate legal services providers, can both seriously affect state justice provision. But analyses of these factors often fail to incorporate a critical feature of justice systems: states use them for revenue generation. I build a series of formal models to understand how these factors interact. I derive several insights into empirical patterns of bias, competition, access to justice, and legal system viability. First, in poor countries, bias can increase access to justice and legal effectiveness. Second, given competition, poor groups will pay a premium for state-provided justice, while wealthy groups will pay a premium for private dispute resolution. However, losing a poor group to competition is also less costly than losing a wealthy group, and the latter loss can sometimes destroy the viability of the state justice system. These results contribute to our understanding of state capacity and rule of law development.","PeriodicalId":51606,"journal":{"name":"Journal of Theoretical Politics","volume":"35 1","pages":"75 - 99"},"PeriodicalIF":0.6000,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Access to justice in revenue-seeking legal institutions\",\"authors\":\"H. Simpson\",\"doi\":\"10.1177/09516298231162040\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Legal bias against the poor, and competition from nonstate legal services providers, can both seriously affect state justice provision. But analyses of these factors often fail to incorporate a critical feature of justice systems: states use them for revenue generation. I build a series of formal models to understand how these factors interact. I derive several insights into empirical patterns of bias, competition, access to justice, and legal system viability. First, in poor countries, bias can increase access to justice and legal effectiveness. Second, given competition, poor groups will pay a premium for state-provided justice, while wealthy groups will pay a premium for private dispute resolution. However, losing a poor group to competition is also less costly than losing a wealthy group, and the latter loss can sometimes destroy the viability of the state justice system. These results contribute to our understanding of state capacity and rule of law development.\",\"PeriodicalId\":51606,\"journal\":{\"name\":\"Journal of Theoretical Politics\",\"volume\":\"35 1\",\"pages\":\"75 - 99\"},\"PeriodicalIF\":0.6000,\"publicationDate\":\"2023-03-22\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of Theoretical Politics\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1177/09516298231162040\",\"RegionNum\":4,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"POLITICAL SCIENCE\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Theoretical Politics","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1177/09516298231162040","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"POLITICAL SCIENCE","Score":null,"Total":0}
Access to justice in revenue-seeking legal institutions
Legal bias against the poor, and competition from nonstate legal services providers, can both seriously affect state justice provision. But analyses of these factors often fail to incorporate a critical feature of justice systems: states use them for revenue generation. I build a series of formal models to understand how these factors interact. I derive several insights into empirical patterns of bias, competition, access to justice, and legal system viability. First, in poor countries, bias can increase access to justice and legal effectiveness. Second, given competition, poor groups will pay a premium for state-provided justice, while wealthy groups will pay a premium for private dispute resolution. However, losing a poor group to competition is also less costly than losing a wealthy group, and the latter loss can sometimes destroy the viability of the state justice system. These results contribute to our understanding of state capacity and rule of law development.
期刊介绍:
The Journal of Theoretical Politics is an international journal one of whose principal aims is to foster the development of theory in the study of political processes. It provides a forum for the publication of original papers seeking to make genuinely theoretical contributions to the study of politics. The journal includes rigorous analytical articles on a range of theoretical topics. In particular, it focuses on new theoretical work which is broadly accessible to social scientists and contributes to our understanding of political processes. It also includes original syntheses of recent theoretical developments in diverse fields.