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A Manager in Court. The Costs and Times of Civil Justice: Economic Analysis, Reforms and Alternative Tools

Anno XXXIV, n. 150, maggio-agosto 1999
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Centro Einaudi


Testo disponibile solo in lingua inglese.
Civil justice is a key service for the cohesion of society and the functioning of markets. The aim of the survey on the results of which this article is based is to promote a wide-reaching examination of judicial organisation, the length of some procedures, the cost sustained by firms to protect their rights and credits and the availability of alternative models to settle controversies. The working method is that of comparative and economic analysis. Judges, lawyers and any other people concerned have to review their position in the modern world in the light of the efficiency and reactivity of the system of justice to pressure from the global business system, markets and consumers as a whole. The rhetoric of just justice, respect for civil rights in trial procedures and the fairest of sentences often conceals laziness and lack of responsibility as opposed to a profound sense of ethics. The pursuit of a functional system will depend on dialogue among all those concerned, common training and explicit discussion on concrete issues. Over the last millennium, judges, lawyers and scholars have contributed to the formation of modern democracies more than any constituent assembly. Their work in defining procedures and solving concrete cases has taken place in a climate of collaboration and exchange of functions, of parity and, above all, of great competence and culture. This essay aims to be a first attempt to revive that climate.

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