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Wrongful convictions may increase the level of crime over the ideal case of their absence. The problem of wrongful conviction is most serious in areas where crime is endemic and for certain groups of citizens who are stereotyped. State liability mitigates this problem; compensating the...
Persistent link: https://www.econbiz.de/10005764338
This paper develops a general model of anticommons fragmentation in property. Using several related examples, we consider the equilibria obtained under different scenarios. The various illustrations are later utilized to develop a model of fragmented property. The model reveals that the private...
Persistent link: https://www.econbiz.de/10005823426
During the 19th century, markets exploded liberally before the state began to intervene to compensate for undesired social deterioration. In the second half of the 19th century, however, legislation largely locked up itself, except for laws which dealt mainly with technical modernization, such...
Persistent link: https://www.econbiz.de/10005823370
The legal and the economic perspective on a policy proposal are likely to differ far more fundamentally than is commonly appreciated. Economists will impose certain minimal requirements of rationality on the evaluation process, which lawyers routinely violate. Economists will expect the...
Persistent link: https://www.econbiz.de/10010744588
There is extensive literature on whether courts or legislators produce efficient rules, but which of them produces rules efficiently? The law is subject touncertainty ex ante; uncertainty makes the outcomes of trials difficult to predict and deters parties from settling disputes out of court. In...
Persistent link: https://www.econbiz.de/10005823412
Legal rules may be general (that is, applicable to a broad range of situations) or specific. Adopting a custom-tailored rule for a specific activity permits the regulator to make efficient use of information about the social costs and benefits of that activity. However, the rule maker typically...
Persistent link: https://www.econbiz.de/10005764379
We develop a model of deviance by incorporating the labeling effect into rational choice theory. In our model, we provide an explanation of the process through which a deviant is stigmatized and explore theoretically the relationship between the experience of having deviated and the incentive...
Persistent link: https://www.econbiz.de/10005823404
By reinterpreting Savage's axioms as axioms of the social rationality over resource allocations, we derive a social welfare function encompassing individual social values and a social attitude towards distributional inequality. Wealth maximization becomes the purpose of law only if individuals...
Persistent link: https://www.econbiz.de/10005581969
Business groups in emerging markets perform better than unaffiliated firms. One explanation is that business groups perform some functions of missing institutions, for example, enforcing contracts. We investigate this by setting up a model where firms within the business group are connected to...
Persistent link: https://www.econbiz.de/10005582119
This paper explores the location decisions of final-good producers under imperfect contract enforcement. The legal systems'; quality is measured by the contracting environment in each country. The final producers'; location decisions create different outcomes in terms of efficiency. We find one...
Persistent link: https://www.econbiz.de/10009277176