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-expected utility theory is substituted for the traditional expected utility theory, the high-fine-low-probability result (Becker, 1968 …
Persistent link: https://www.econbiz.de/10014204768
This paper analyzes the incentive properties of the standard and burden of proof for a finding of negligence, when …
Persistent link: https://www.econbiz.de/10013320509
We analyze the design of legal principles and procedures for court decision-making in civil litigation. The objective is the provision of appropriate incentives for potential tort-feasors to exert care, when evidence about care is imperfect and may be distorted by the parties. Efficiency is...
Persistent link: https://www.econbiz.de/10014055375
This paper analyzes the incentive properties of the standard and burden of proof for a finding of negligence, when …
Persistent link: https://www.econbiz.de/10005100970
This paper uses economic reasoning to analyze the traditions and institutions of one of the most successful criminal organizations in modern history: La Cosa Nostra (LCN). Drawing on recently declassified FBI reports, the paper's analysis shows that LCN's core institutions are best understood as...
Persistent link: https://www.econbiz.de/10013312240
Persistent link: https://www.econbiz.de/10013418947
This paper analyzes the incentive properties of the standard and burden of proof for a finding of negligence, when …
Persistent link: https://www.econbiz.de/10005168676
deterrence and enforcement costs, legal standards defining offences should align on underlying norms so long as the latter are … align on underlying norms with fines that trade off deterrence against the provision of information; or legal standards …
Persistent link: https://www.econbiz.de/10012891383
We compare fault-based and strict liability offences in law enforcement when behavior is influenced by informal … prosocial norms of conduct. Fault tends to be more effective than strict liability in harnessing social or self-image concerns … liability should be strict. When sanctions are nonmonetary or when stigmatization imposes a deadweight loss, the legal standard …
Persistent link: https://www.econbiz.de/10013015053
reputational concerns are not strong enough, however, for injurers to willingly compensate their victims. Absent legal liability … enforced legal liability crowds out informal incentives completely (e.g., individuals causing harm suffer no stigma) but … precautions are then socially efficient. Under imperfectly enforced legal liability, formal legal sanctions and normative concerns …
Persistent link: https://www.econbiz.de/10014200291