This study explores the socio-legal context of economic rationality
in the legal and judicial systems. It examines the meaning and
relevance of the concept of efficiency for the operation of courts
and court systems,seeking to answer questions such as: in what
sense can we say that the adjudicative process works efficiently?
What are the relevant criteria for the measurement and assessment
of court efficiency? Should the courts try to operate efficiently
and to what extent is this viable? What is the proper relationship
between 'efficiency' and 'justice' considerations in a judicial
proceeding? To answer these questions, a conceptual framework is
developed on the basis of empirical studies and surveys carried out
mainly in the United States, Western Europe and Latin America. Two
basic ideas emerge from it. First, economic rationality has
penetrated the legal and judicial systems at all levels and
dimensions, from the level of society as a whole to the day-to-day
operation of the courts, from the institutional dimension of
adjudication to the organizational context of judicial decisions.
Far from being an alien value in the judicial process, efficiency
has become an inseparable part of the structure of expectations we
place on the legal system. Second, economic rationality is not the
prevalent value in legal decision-making, as it is subject to all
kinds of constraints, local conditions and concrete negotiations
with other values and interests.
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