NCJ Number
61172
Date Published
1979
Length
66 pages
Annotation
THIS ARTICLE EXAMINES THE THEORY OF WELFARE ECONOMICS AND WHETHER IT CAN BE USED TO JUSTIFY PUBLIC ACTION TO IMPROVE ACCESS TO JUSTICE.
Abstract
JUSTICE IS DEFINED IN ECONOMIC TERMS AS THE SERVICE OF RESOLVING SPECIFIC DISPUTES. APPLYING RECOGNIZED ECONOMIC DEFINITIONS, JUSTICE IS FOUND TO BE A MIXED GOOD, IN THAT PRIVATE MARKETS CAN PROVIDE IT, BUT SUBSTANTIAL EXTERNALITIES PREVENT EFFICIENT PRIVATE MARKET PROVISION. PUBLIC ACTION TO PROVIDE JUSTICE IS THEREFORE NECESSARY AND IS JUSTIFIED WHEN SOCIETY WILL GAIN AND RESULTING INCOME REDISTRIBUTION WILL NOT BE UNFAVORABLE. POLICYMAKERS SHOULD USE COST-BENEFIT ANALYSIS TO DETERMINE THE DESIRABILITY OF ANY PROPOSED PUBLIC ACTION REGARDING THE PROVISION OF JUSTICE. POSSIBLE ACTIONS WILL BE LIMITED BOTH BY BUDGET CONSTRAINTS AND BY CATEGORICAL LIMITS SUCH AS SETTING A CEILING FOR SMALL CLAIMS CASES. DISTRIBUTIONAL EFFECTS OF VARIOUS FINANCING METHODS, ALTERNATIVE METHODS OF ACTION INCLUDING DIRECT SERVICE PROVISION, TRANSFERS, AND SUBSIDIES, ALTERNATIVE PRODUCTION TECHNOLOGIES, EXTERNALITIES, AND CONSUMERS' PREEXISTING PREFERENCES MUST ALL BE CONSIDERED. DESPITE THE HIGH COST OF GATHERING COST AND BENEFIT INFORMATION, IT IS NOT ECONOMICALLY SOUND TO FOREGO IT. IN ADDITION, POLICYMAKERS SHOULD ADDRESS NOT ONLY ACCESS TO JUSTICE QUESTIONS BUT ALSO THE BROAD ISSUES OF THE ECONOMICS OF JUSTICE, WITH PARTICULAR FOCUS ON COST MINIMIZATION. AN ECONOMICALLY EFFICIENT SOLUTION REGARDING JUSTICE PROVISION IS ALSO LIKELY TO BE ONE WHICH EQUITABLY PRODUCES ACCESS TO JUSTICE FOR ALL. FURTHER RESEARCH ON EXTERNALITIES AND OTHER ECONOMIC VARIABLES IS RECOMMENDED. FOOTNOTES INCLUDING REFERENCES ARE INCLUDED. (CFW)