State Capacity, Legal Design and the Venality of Judicial Offices
- Bertrand Crettez
- Bruno Deffains
- Olivier Musy
- Ronan Tallec
Judicial venality, i.e., the sales of public positions in the judicial sector, was used extensively in
France and in Europe from the 16th to the 18th centuries. Offices were bought because judges
received trial fees from litigants. Kings sold them because they needed money, at the cost of losing
control of the judiciary. We develop a model of judicial venality and we rely on this model to
provide an analytic narrative of the rise and the decline of judicial venality in Old Regime France.
Historically, judicial venality improved French legal capacity despite limited opportunities to raise
taxes and borrow. But judicial venality also sharply increased legal diversity which, in addition to
lengthy and costly trials caused its final demise.
Venal Justice, Legal Institutions, Legal Centralization, State Capacity, French Old Regim
H1, K0, K40, K41, N40, N43, P48