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ex post inefficiency

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6 - Judges Avoid Ex Post but Not Ex Ante Inefficiency
- By Yun-chien Chang
Edited by Yun-chien Chang, Academia Sinica, Taipei, Taiwan
Book:

Selection and Decision in Judicial Process around the World

Published online:

04 December 2019

Print publication:

19 December 2019, pp 160-178
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Summary

This book chapter advances a hypothesis that judges tend to avoid ex post inefficiency (that is, inefficiency falling to litigants), but judges are less inclined to avoid ex ante inefficiency (that is, inefficiency incurred by future parties). Drawing on three empirical studies which the author has conducted on property cases rendered by courts in Taiwan, this chapter presents preliminary evidence to test this hypothesis. The three studies are consistent with the hypothesis, as judges avoid ex post inefficiency in two studies (co-ownership partition and building encroachment) but fail to avoid ex ante inefficiency in one study (trespass to land).