I asked judge Richard Posner (one of my dissertation advisers) if he would be willing to use lotteries as a judge and he said no, it would get him impeached.
Interesting idea. Brazilian law explicitly admits lottery as a form of settling, but I’m not sure if that example with a penalty for not winning a lawsuit would be admissible.
The legal system is based on the legal fiction that the judge can infallibly make a decision. If the judge makes a decision in a way which is guaranteed to be fallible in a certain percentage of cases, he violates this assumption, even if the guaranteed fallibility from randomness is less than his normal fallibility when not using randomness.
I asked judge Richard Posner (one of my dissertation advisers) if he would be willing to use lotteries as a judge and he said no, it would get him impeached.
Interesting idea. Brazilian law explicitly admits lottery as a form of settling, but I’m not sure if that example with a penalty for not winning a lawsuit would be admissible.
The legal system is based on the legal fiction that the judge can infallibly make a decision. If the judge makes a decision in a way which is guaranteed to be fallible in a certain percentage of cases, he violates this assumption, even if the guaranteed fallibility from randomness is less than his normal fallibility when not using randomness.