Research and Publications
Judicial Legitimacy: An Interpretation as a Repeated Game
1994, The Journal of Law
Eric Bennett Rasmusen
If society wishes to maintain an independent judiciary, it faces the problem of how to restrain judges from indulging their personal whims. One restraint is the desire of judges to influence future judges. To do so, they may have to maintain their own or the system's legitimacy by restraining their own behavior. This situation is usefully viewed as an equilibrium of an infinitely repeated game.
Rasmusen, Eric Bennett (1994), "Judicial Legitimacy: An Interpretation as a Repeated Game," The Journal of Law, Economics, and Organization, Vol. 10, April, 63-83. (105).