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Manifest Injustice? The Judiciary as Moderator of Penal Excess in the Sentencing of Youth for Murder

Lynch, Nessa - 2018

This paper considers the principled approach to the sentencing of young people, requiring the recognition of the lesser capacity and culpability of the offender due to their personal characteristics. The author uses New Zealand as a case study to discuss whether, and how, judges would exercise...

Persistent link: https://www.econbiz.de/10012931984

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

Uses and Abuses of Empirical Evidence in the Death Penalty Debate

Donohue, John J. - 2011

purport to show robust and precise estimates of a substantial deterrent effect of capital punishment. We assess the various …

Persistent link: https://www.econbiz.de/10012757142

The Economics of Capital Punishment

Shepherd, Joanna - 2012

In this chapter, I briefly discuss theoretical predictions of capital punishment’s impact on crime, provide a concise …

Persistent link: https://www.econbiz.de/10014178548

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

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 G. - 2016

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. But at what rate should legal rules evolve relative to society to maximize …

Persistent link: https://www.econbiz.de/10014147951

Double Deterrence : Restitution and Punitive Damages in Trust and Fiduciary Law

Kelly, Daniel B. - 2021

Trustees and other fiduciaries manage, invest, and distribute trillions of dollars in assets, subject to fiduciary duties. But the remedies for fiduciary breach, and their justifications, are convoluted. The conventional view, especially in law and economics, is to characterize most fiduciary...

Persistent link: https://www.econbiz.de/10014121858