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The Theory of Penalties and the Economics of Criminal Law
Hylton, Keith N. - 2005
This paper presents a model of penalties that reconciles the conflicting accounts optimal punishment by Becker, who argued penalties should internalize social costs, and Posner, who suggested penalties should completely deter offenses. The model delivers specific recommendations as to when...
Persistent link: https://www.econbiz.de/10014106678
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Economic Analysis of Public Law Enforcement and Criminal Law
Shavell, Steven - 2003
This paper contains the chapters on public enforcement of law and on criminal law from a general, forthcoming book, Foundations of Economic Analysis of Law (Harvard University Press, 2003). By public law enforcement is meant the use of public law enforcement agents - such as police, tax...
Persistent link: https://www.econbiz.de/10014088892
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Rewards versus imprisonment : the impact of choice
Mungan, Murat C. - In: Review of law and economics : publ. in cooperation with … 18 (2022) 1, pp. 69-83
Persistent link: https://www.econbiz.de/10013260011
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The Paradox of Expected Punishment : Legal and Economic Factors Determining Success and Failure in the Fight Against Organized Crime
Buscaglia, Edgardo A. - 2013
' Convention against Transnational Organized Crime (Palermo Convention). A sample of 107 countries that have already signed and …/or ratified the Convention was selected. The paper verifies that the most effective implemented measures against organized crime …" businesses linked to organized crime; (iii) the attack against high level public sector corruption linked to organized crime …
Persistent link: https://www.econbiz.de/10014216528
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Political Economy of Criminal Procedure
Hylton, Keith N.; Khanna, Vikramaditya S. - 2008
This chapter presents a public choice theory of criminal procedure. The core idea is that criminal procedure is best understood as a set of rules designed to thwart attempts to use the state's law enforcement power in a predatory fashion or in order to transfer wealth generally. For the most...
Persistent link: https://www.econbiz.de/10014218783
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The Paradox of Expected Punishment : Legal and Economic Factors Determining Success and Failure in the Fight Against Organized Crime
Buscaglia, Edgardo A. - 2008
' Convention against Transnational Organized Crime (Palermo Convention). A sample of 107 countries that have already signed and …/or ratified the Convention was selected. The paper verifies that the most effective implemented measures against organized crime …" businesses linked to organized crime; (iii) the attack against high level public sector corruption linked to organized crime …
Persistent link: https://www.econbiz.de/10014218810
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Economic Analysis of Criminal Procedure
Hylton, Keith N. - 2014
This essay reviews the economics of criminal procedure, proceeding through four topics in the literature. First, I review the implications of substantive criminal law theories for criminal procedure. The second part discusses the error cost model of criminal procedure, which is the dominant...
Persistent link: https://www.econbiz.de/10013049496
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The Properties of the Law : Restoring Personal Property Through Crime and Tort
Dyson, Matthew - 2014
Why are the civil remedies at common law which delivery up specific moveable property to another with greater right to possess so narrow in English law? Historically the equitable remedy of specific restoration returned property more easily than even the rule today; the common law remedy remains...
Persistent link: https://www.econbiz.de/10013061085
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Retributive and Corrective Justice, Criminal and Private Law
Wood, David Alan Russell - 2010
Some see criminal law as essentially or predominately an exercise in retributive justice. And some see private law as essentially or predominantly an exercise in corrective justice. There is considerable discussion of the relation between retributive and distributive justice in criminal law...
Persistent link: https://www.econbiz.de/10014192370
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Stealing More Is Better? An Economic Analysis of Islamic Law of Theft
Gouda, Moamen - 2016
This study is the first attempt (in the field of Law and Economics) to apply economic analysis to shari'a or Islamic criminal law, in particular, that aspect of the law pertaining to theft. Shari'a imposes two main punishments for theft; hadd, a fixed penalty of amputation of the offender's...
Persistent link: https://www.econbiz.de/10013007070