The Theory of Penalties and the Economics of Criminal Law
Опубликовано на портале: 06-10-2003
BUSL, Working Paper Series. 2002. No. 02-17.
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 penalties should be set to internalize social costs and when they should be set to completely deter offensive conduct. I use the model to generate a positive account of the function and scope of criminal law doctrines, such as intent, necessity, and rules governing the distinction between torts and crimes. The model is also consistent with the history of criminal penalties set out by Adam Smith.
Boston College Law School Research Paper. 2001. No. 2001-06.
Journal of Financial Economics. 2002. Vol. 66. No. 1. P. 3-27 .
Quarterly Journal of Economics. 2003. Vol. 118. No. 2. P. 453-517 .
Journal of Political Economy. 2007. Vol. 115. No. 1. P. 43-68.
Encyclopedia of Law and Economics: the bibliographical database (based on the bibliographies of the 172 chapters. Over 20,000 references!)
NBER Working Paper Series. 1998. w6521.
NBER Working Paper Series. 1997. No. 217.