Courts & Justice Law Journal
Advocatus Iustitia Aeque
1 Cts. & Just. L.J.
ARTICLE | VOLUME 2, ISSUE 1
The Judge Posner Doctrine as a Method to Reform the Italian Civil Justice System
by Professor Cesare Cavallini, Bocconi Law School of Milan
and Stefania Cirillo, Bocconi Law School of Milan
2 Cts. & Just. L.J. __ (Forthcoming 2020)
This article represents a preliminary and methodology-oriented effort to conduct an economic analysis of the Italian civil justice system, commonly perceived as inefficient and proposes a different approach. More specifically, it demonstrates how the failure of several Italian legal reforms was based on methodological errors, which led to the inefficiency of the system itself. Accordingly, it proposes an alternative in methodology.
For the mentioned purpose, it shall use the theories and methods studied by Judge Posner concerning the judiciary system. In particular, it shall evaluate if the Posnerian methodology could be applied to the reforms to come from the Italian judiciary system. The evaluation is carried out by assessing the behavior of judges, lawyers, and litigants based on the theory of wealth maximization.
Andrew M. Crespo
Emily M. Strak
/ Winter 2020 / C&JLJ ___________________________