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Should law keep pace with society? : relative update rates determine the co-evolution of institutional punishment and citizen contributions to public goods

Roithmayr, Daria; Isakov, Alexander; Rand, David - In: Games 6 (2015) 2, pp. 124-149

punishment, a defining feature of large-scale human societies. Compared to individually-administered punishment, institutional … punishment offers a unique potential advantage: the ability to control how quickly legal rules of punishment evolve relative to … social behavior that legal punishment regulates. However, at what rate should legal rules evolve relative to society to …

Persistent link: https://www.econbiz.de/10011316651

The EU Fining Policy : A Law & Economics Analysis

Giannaccari, Andrea - 2018

of sanctions to properly achieve the objectives of punishment and deterrence are presented, pointing out the main …

Persistent link: https://www.econbiz.de/10012909563

Positive Sanctions versus Imprisonment

Mungan, Murat C. - 2019

This article considers the possibility of simultaneously reducing crime, prison sentences, and the tax burden of financing the criminal justice system by introducing positive sanctions, which are benefits conferred to non-convicts. Specifically, it proposes a procedure wherein a part of the...

Persistent link: https://www.econbiz.de/10012894718

The Effect of Type-1 Error on Deterrence

Lando, Henrik - 2020

A common view in the law and economics literature holds that equal increases in type-1 and type-2 error lower deterrence by the same amount. We demonstrate that this view is generally incorrect both when the court's error concerns the assessment of the alleged offender's act (mistake of act) and...

Persistent link: https://www.econbiz.de/10012856680

Deterrence and Antitrust Punishment : Firms versus Agents

Hylton, Keith N. - 2014

penalties, to engage in some illegal act that may result in relatively modest punishment for its agents, it can almost always …

Persistent link: https://www.econbiz.de/10013043100

Consent v. Welfare : On the Optimal Penalty for Harassment

Das Chaudhury, Ratul; Rai, Birendra; Wang, Liang Choon; … - 2021

The economic approach to determine optimal legal policies involves maximizing a social welfare function. We propose an alternative: a consent-approach that seeks to promote consensual interactions and deter non-consensual interactions. The consent-approach does not rest upon inter-personal...

Persistent link: https://www.econbiz.de/10013238341

Set-Off and Penalties in the Common Law (Rechtsdurchsetzung durch Aufrechnung und Vertragsstrafe im Common Law)

Dedek, Helge - 2022

This chapter, based on a report presented on the occasion of the annual meeting of the German Society of Comparative Law in 2017, focuses on recent developments in the law of set-off and penalties/liquidated damages, highlighting specifically the decisions in Cavendish Square Holding BV v. Talal...

Persistent link: https://www.econbiz.de/10013290990

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

Wrongful Convictions and the Punishment of Attempts

Mungan, Murat C. - 2015

This article presents economic models of law enforcement where the punishment of attempts leads to an increased risk of …, attempts ought to be punished less frequently than suggested in previous work, and even when the punishment of attempts is …

Persistent link: https://www.econbiz.de/10014150194

Penalty Default Licenses : A Case for Uncertainty

García, Kristelia - 2014

Research on the statutory license for certain types of copyright-protected content has revealed an unlikely symbiosis between uncertainty and efficiency. Contrary to received wisdom, which tells us that in order to increase efficiency, we must increase stability, this Article will show that...

Persistent link: https://www.econbiz.de/10014154519

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