Comparative Legal Metrics

Quantification of Performances as Regulatory Technique


The trend of measuring performances is global and pervasive. We all live in quantified societies, in which performances in an ever-growing array of fields–from education to health, work to credit, justice to consumption–are assessed and governed through quantitative techniques. While the disruption brought by the quantitative turn has been widely studied by social scientists, legal research on the issue is minimal. This book aims to fill the gap. The essays herein collected explore how performance measurements interact with the law in different regions and sectors, which legal effects they produce, and for whose benefit.

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Mauro Bussani, Ph.D. h.c. (2019, Fribourg), is Full Professor of Comparative Law at the University of Trieste (Italy), and Adjunct Professor at the Law School of the University of Macao (S.A.R. of the People’s Republic of China).

Sabino Cassese, Ph.D. h.c. (1987, Aix-en-Provence and Cordoba; 1995, Paris II; 1998, Castilla-La Mancha; 2002, Athens and Macerata; 2010, European University Institute; 2016, Roma Sapienza), is Emeritus Judge of the Italian Constitutional Court and Emeritus Professor, Scuola Normale Superiore of Pisa (Italy).

Marta Infantino, Ph.D. (2008, Palermo), LL.M. (2011, New York University), is Associate Professor of Comparative Law at the University of Trieste (Italy).
List of Figures and Tables

Notes on Contributors

1 Quantification of Performance as a Regulatory Technique: An Introduction
  Mauro Bussani, Sabino Cassese and Marta Infantino

Part 1
Justice and Education
2 Revisiting ‘Justice in Numbers’ in Brazil: Quantified Justice, Managerial Judges, and Numeroids as a Regulatory Technique
  Pedro Rubim Borges Fortes

3 Performance-Based Evaluation in Mexico’s Federal Administrative Justice Tribunal and the Federal Judiciary Power: A Comparison
  Luis José Béjar, Juan Antonio Casanovas and Carlos A. Villanueva

4 Judicial Performance Index in India: Charting a New Course
  Manjeri Subin Sunder Raj and Chiradeep Basak

5 Performance Assessment in Courts – the Swiss Case
  Andreas Lienhard

6 Admission Algorithms for Affirmative Action in Higher Education: The South African Experience
  Viyaleta Farysheuskaya and Patrizio Piraino

7 Quantification and Parameterization of Legal Research: The Case of Poland
  Andrzej Jakubowski

Part 2
National Policy Making
8 Algorithmic Decision-Making and Public Sector Accountability in Africa - New Challenges for Law and Policy
  Raenette Gottardo

9 Governance and Quantification of Performance in China
  Ivan Cardillo

10 Use and Abuse of Quantitative Methodology for Policy Making in Japan
  Tatsuhiko Inatani and Masahiko Kinoshita

11 Measuring Human Rights Performance in the UK: Liberalism, Communitarianism, and the Equality and Human Rights Commission’s ‘Drunkard’s Search’
  David McGrogan

Part 3
Transnational and International Market-Related Activities
12 Profiling in Algorithm-Based Decisions: An African Perspective
  Salvatore Mancuso and Livio Corselli

13 Trust in an ‘Omnimetric Society’? Reputational Systems in Platforms as Tools for Assessing Contractual Performance and Applying Remedies
  Teresa Rodríguez de las Heras Ballell

14 Performance Measurements in Compliance with Corporate Social Responsibility Obligations
  Lukas Heckendorn Urscheler

15 The Role of International Organizations in the Production of Legal Metrics
  Kevin E. Davis

16 Quantification of Performance as a Regulatory Technique: A Comparative Appraisal
  Mauro Bussani, Sabino Cassese and Marta Infantino

Detailed Table of Contents


Legal scholars, social scientists, data scientists and professionals working with quantitative tools in social domains, as well as students specializing in quantitative techniques for social sciences and comparative law.
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