The law and economics of bargaining: an examination of the bargaining model employed by South Africa's Truth and Reconciliation Commission
| dc.contributor.author | Duffy, Jerrob | |
| dc.date.accessioned | 2023-09-08T13:14:11Z | |
| dc.date.available | 2023-09-08T13:14:11Z | |
| dc.date.issued | 1999 | |
| dc.date.updated | 2023-09-08T13:13:53Z | |
| dc.description.abstract | Transitional justice methodology has emerged as an alternative to traditional retributive justice schemes when political transitions necessitate an accounting for human rights violations during prior regimes. As regimes move from illiberal to liberal, post-transition justice methodology has developed from the restorative justice model to engender truth and reconciliation. These normative concepts have evolved into a policy of creating truth and reconciliation commissions that trade civil and criminal amnesty with applicants in exchange for information. This bargained-for exchange can be analysed as an imperfect information game, where the commission attempts to maximise information(truth) while the applicant seeks amnesty for the lowest possible price. The game is similar to other bargaining games in law and economics, specifically plea-bargaining and bid-rigging during government auctions. Applying lessons learned from these problems, and employing game-theoretic analysis, this dissertation analyses the Truth-Amnesty game and puts it squarely within the law and economics framework. The analysis demonstrates that to maximise information gathering given the truth-reconciliation trade-off lexicographic ordering leads to an optimal Commission strategy. | |
| dc.identifier.apacitation | Duffy, J. (1999). <i>The law and economics of bargaining: an examination of the bargaining model employed by South Africa's Truth and Reconciliation Commission</i>. (). ,Faculty of Law ,Centre for Law and Society. Retrieved from http://hdl.handle.net/11427/38476 | en_ZA |
| dc.identifier.chicagocitation | Duffy, Jerrob. <i>"The law and economics of bargaining: an examination of the bargaining model employed by South Africa's Truth and Reconciliation Commission."</i> ., ,Faculty of Law ,Centre for Law and Society, 1999. http://hdl.handle.net/11427/38476 | en_ZA |
| dc.identifier.citation | Duffy, J. 1999. The law and economics of bargaining: an examination of the bargaining model employed by South Africa's Truth and Reconciliation Commission. . ,Faculty of Law ,Centre for Law and Society. http://hdl.handle.net/11427/38476 | en_ZA |
| dc.identifier.ris | TY - Master Thesis AU - Duffy, Jerrob AB - Transitional justice methodology has emerged as an alternative to traditional retributive justice schemes when political transitions necessitate an accounting for human rights violations during prior regimes. As regimes move from illiberal to liberal, post-transition justice methodology has developed from the restorative justice model to engender truth and reconciliation. These normative concepts have evolved into a policy of creating truth and reconciliation commissions that trade civil and criminal amnesty with applicants in exchange for information. This bargained-for exchange can be analysed as an imperfect information game, where the commission attempts to maximise information(truth) while the applicant seeks amnesty for the lowest possible price. The game is similar to other bargaining games in law and economics, specifically plea-bargaining and bid-rigging during government auctions. Applying lessons learned from these problems, and employing game-theoretic analysis, this dissertation analyses the Truth-Amnesty game and puts it squarely within the law and economics framework. The analysis demonstrates that to maximise information gathering given the truth-reconciliation trade-off lexicographic ordering leads to an optimal Commission strategy. DA - 1999 DB - OpenUCT DP - University of Cape Town KW - law LK - https://open.uct.ac.za PY - 1999 T1 - The law and economics of bargaining: an examination of the bargaining model employed by South Africa's Truth and Reconciliation Commission TI - The law and economics of bargaining: an examination of the bargaining model employed by South Africa's Truth and Reconciliation Commission UR - http://hdl.handle.net/11427/38476 ER - | en_ZA |
| dc.identifier.uri | http://hdl.handle.net/11427/38476 | |
| dc.identifier.vancouvercitation | Duffy J. The law and economics of bargaining: an examination of the bargaining model employed by South Africa's Truth and Reconciliation Commission. []. ,Faculty of Law ,Centre for Law and Society, 1999 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/38476 | en_ZA |
| dc.language.rfc3066 | eng | |
| dc.publisher.department | Centre for Law and Society | |
| dc.publisher.faculty | Faculty of Law | |
| dc.subject | law | |
| dc.title | The law and economics of bargaining: an examination of the bargaining model employed by South Africa's Truth and Reconciliation Commission | |
| dc.type | Master Thesis | |
| dc.type.qualificationlevel | Masters | |
| dc.type.qualificationlevel | LLM |