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This article surveys the theory of the public enforcement of law -- the use of public agents (inspectors, tax auditors …, police, prosecutors) to detect and to sanction violators of legal rules. We first present the basic elements of the theory …, focusing on the probability of imposition of sanctions, the magnitude and form of sanctions, and the rule of liability. We then …
Persistent link: https://www.econbiz.de/10012471807
The present paper analyzes the competitive, monopolistic, and public enforcement of fines allowing for the costs of enforcement to differ by the choice of the enforcer. There are a number of reasons to expect such differences. First, the benefits from coordinating enforcement -- for example,...
Persistent link: https://www.econbiz.de/10012478810
This paper contains a chapter on the general structure of the law from a forthcoming book, Foundations of Economic Analysis of Law (Harvard University Press, 2003). In this chapter, I consider basic features of the legal system, including whether the law directly constrains behavior or channels...
Persistent link: https://www.econbiz.de/10012468999
vigilante justice, as represented by peer-to-peer punishment, to delegated policing, as represented by the "hired gun" mechanism …
Persistent link: https://www.econbiz.de/10012461626
We introduce the possibility of direct punishment by specialized enforcers into a model of community enforcement … specialized enforcement technology is sufficiently effective, cooperation is best sustained by a "single enforcer punishment … punishment that enforcers are willing to impose on deviators. Conversely, when the specialized enforcement technology is …
Persistent link: https://www.econbiz.de/10012457211
This note reexamines the theory of optimal public enforcement when litigation costs are incurred if the defendant is …
Persistent link: https://www.econbiz.de/10012476955
This chapter of the forthcoming Handbook of Law and Economics surveys the theory of the public enforcement of law … sanction imposed on a liable party be a fine, an imprisonment term, or a combination of the two? Should the rule of liability … of the central theory, including: activity level; errors; the costs of imposing fines; general enforcement; marginal …
Persistent link: https://www.econbiz.de/10012466891
The burden of proof is a central feature of adjudication, and analogues exist in many other settings. It constitutes an important but largely unappreciated policy instrument that interacts with the level of enforcement effort and magnitude of sanctions in controlling harmful activity. Models are...
Persistent link: https://www.econbiz.de/10012460894
A central result in the economic theory of liability is that, if an injurer's liability equals the victim's loss, then … either the rule of strict liability or the rule of negligence can induce the injurer to behave properly. However, for this … and, g fortiori, before any harm has occurred. This paper reevaluates the rules of strict liability and negligence when …
Persistent link: https://www.econbiz.de/10012476895
, injunctions or other forms of property rules work better than compensation for damage or liability rules. The equivalences of the …
Persistent link: https://www.econbiz.de/10012455979