State Capacity, Legal Design and the Venality of Judicial Offices

State Capacity, Legal Design and the Venality of Judicial Offices

State Capacity, Legal Design and the Venality of Judicial Offices

Aucun commentaire sur State Capacity, Legal Design and the Venality of Judicial Offices

Auteurs :

Abstract
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.

Keywords
Venal Justice, Legal Institutions, Legal Centralization, State Capacity, French Old Regim

Classification JEL
H1, K0, K40, K41, N40, N43, P48

ADRESSE
45 rue des Saints Pères - 75006 Paris
TELEPHONE & MAIL
01 42 86 20 71 - liraes@u-paris.fr


logo_liraes

Back to Top