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On proportionality of punishments and the economic theory of crime

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  • Thomas J. Miceli

    (University of Connecticut)

Abstract

Practitioners of the modern economic theory of crime acknowledge the influence of the eighteenth century writers Montesquieu, Beccaria, and Bentham, whose theories of crime and punishment clearly presaged the economic approach. An important value espoused by all of these writers is proportionality between punishments and crimes, both as an end in itself and as a means of achieving marginal deterrence. This essay asks how closely the concept of proportionality is reflected in the prescriptions of the economic theory. The answer turns out to depend both on how proportionality is defined and on the assumptions underlying the enforcement regime.

Suggested Citation

  • Thomas J. Miceli, 2018. "On proportionality of punishments and the economic theory of crime," European Journal of Law and Economics, Springer, vol. 46(3), pages 303-314, December.
    • Handle: RePEc:kap:ejlwec:v:46:y:2018:i:3:d:10.1007_s10657-016-9524-5
    DOI: 10.1007/s10657-016-9524-5
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    References listed on IDEAS

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    11. Friehe, Tim & Miceli, Thomas J., 2014. "Marginal deterrence when offenders act sequentially," Economics Letters, Elsevier, vol. 124(3), pages 523-525.
    12. Bentham, Jeremy, 1781. "An Introduction to the Principles of Morals and Legislation," History of Economic Thought Books, McMaster University Archive for the History of Economic Thought, number bentham1781.
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    Cited by:

    1. Thomas J. Miceli, 2021. "Crime as exchange: comparing alternative economic theories of criminal justice," European Journal of Law and Economics, Springer, vol. 51(3), pages 523-539, June.
    2. Wendy J. Gordon & Alain Marciano & Giovanni B. Ramello, 2019. "The future of law and economics and the legacy of Guido Calabresi," European Journal of Law and Economics, Springer, vol. 48(1), pages 1-8, August.
    3. Menegatti, Mario, 2023. "Variability in punishment, risk preferences and crime deterrence," International Review of Law and Economics, Elsevier, vol. 75(C).

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    More about this item

    Keywords

    Criminal law; Proportionality; Punishment; Marginal deterrence;
    All these keywords.

    JEL classification:

    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law

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