Revista Pensar en derecho N�2.indd
Law & Economics has brought a challenge to the traditional view of law by suggesting the introduction of the concept of efficiency, both to the legislator in the design of legal rules as well as to the judge or the court in their decisions. This has generated a long debate between neoclassical e...
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| Formato: | Artículo publishedVersion |
| Lenguaje: | Español |
| Publicado: |
Universidad de Buenos Aires. Facultad de Derecho. Departamento de Publicaciones
2013
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| Acceso en línea: | http://www.derecho.uba.ar/publicaciones/pensar-en-derecho/revistas/2/justicia-y-eficiencia-aportes-al-debate-desde-la-informalidad.pdf http://repositoriouba.sisbi.uba.ar/gsdl/cgi-bin/library.cgi?a=d&c=pensar&cl=CL1&d=HWA_3077 https://repositoriouba.sisbi.uba.ar/gsdl/collect/pensar/index/assoc/HWA_3077.dir/3077.PDF |
| Aporte de: |
| Sumario: | Law & Economics has brought a challenge to the traditional view of law by suggesting the introduction of the concept of efficiency, both to the legislator in the design of legal rules as well as to the judge or the court in their decisions. This has generated a long debate between neoclassical economists and lawyers, but in fact this same debate has been present in economics theory. This article does not pretend to conclude the debate between efficiency and justice, but instead, to bring a positive view to the discussion. It will try to highlight a case study on property rights and the solution to problems of externalities in an environment where the formal judicial system and the resolution of disputes is not present, as it happens in informal neighbourhoods or towns found in most poor or least developed countries. The positive question is: what criteria do judges (mediators, arbitrators) actually use? We will, therefore, take as reference the case of the assignment of rights and the settlement of disputes in informal towns, slums or shanty towns, where formal justice is absent. |
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