The Colour of the Judge's Eyes: Efficiency as a Criterion for the Legislature and for the Courts.

Should courts adjudicate to promote efficiency in the economy, or should courts be content to apply the law as they find it? The literature of law and economics has much to say about how to identify efficiency in the construction of the law, but little to say about whose business it is to promote efficiency in the law, in so far as efficiency is warranted. It is argued in this paper that efficiency belongs to the legislature and that adjudication for efficiency by the courts is self-defeating. Copyright 2001 by Kluwer Academic Publishers