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What Do Judges and Justices Maximize? (The Same Thing Everybody Else Does)
Abstract
This article presents a positive economic theory of the behavior of appellate judges and Justices. The essay argues that the effort to insulate judges from significant economic incentives, through devices such as life tenure and stringent conflict of interest rules, has not rendered judicial behavior immune to economic analysis. Drawing on analogies to the managers of non-profit enterprises, to those who vote in political elections, and to theatrical spectators, the essay models the judicial utility function in terms that allows judges to be seen as ordinary people responding rationally to ordinary incentives. This model provides a theoretical alternative to the common view of judges as Prometheans or saints, and it suggests new ways of looking at such practical issues as the design of the judicial compensation system.
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Citations
Cited by
Sunstein, C. R. (1999) · SSRN Electronic Journal · doi:10.2139/ssrn.199668 · Cited by 384
7. The Economic Way of Looking at Life
(1996) · Accounting for Tastes · doi:10.4159/9780674020658-008 · Cited by 296
Some Economic Considerations in the Intellectual Property Protection of Software
Dam, K. W. (1995) · The Journal of Legal Studies · doi:10.1086/467962 · Cited by 278
The Long-Run Growth in Obesity as a Function of Technological Change
Posner, R. A., & Philipson, T. J. (1999) · SSRN Electronic Journal · doi:10.2139/ssrn.167008 · Cited by 254
Self-citationPerils of Judicial Self-Government in Transitional Societies
Kosař, D. (2016) · doi:10.1017/cbo9781316282519 · Cited by 21
Metadata
- Authors
- Posner, R. A.
- Venue
- Supreme Court Economic Review
- Publisher
- University of Chicago Press
- Published
- 1993-01
- Volume
- 3
- Pages
- 1-41
- ISSN
- 0736-9921 (ISSN-L)
- 2156-6208
- OpenAlex
- W1482088571
- Cited by
- 839
- References
- 0
- FWCI
- 12.96
- Type
- journal article
- Language
- en
- Open access
- closed
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- CoChat. (2026). Citation check: What Do Judges and Justices Maximize? (The Same Thing Everybody Else Does). https://app.cochat.ai/papers/10.1086/scer.3.1147064
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- Posner, R. A. (1993). What Do Judges and Justices Maximize? (The Same Thing Everybody Else Does). Supreme Court Economic Review. https://doi.org/10.1086/scer.3.1147064
Data sources
Bibliographic data: Semantic Scholar, OpenAlex, Crossref.
Contains information from the Semantic Scholar Academic Graph Datasets, made available under the ODC Attribution License (ODC-BY 1.0).
Semantic Scholar’s data is described in: Kinney, R., et al. (2023). The Semantic Scholar Open Data Platform. arXiv:2301.10140.