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A Model of the Optimal Complexity of Legal Rules

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Author Info
Kaplow, Louis

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Abstract

Legal rules often are complex in order to distinguish different types of behavior that may have different consequences. Greater complexity thus allows better control of behavior. But more complex rules are more costly for individuals to understand ex ante and for a court to apply ex post. Also, because of the cost, some individuals will choose not to learn complex rules. This article models the effects of complexity on individuals' decisions to acquire information, choices about whether to act, and reports of their actions to an enforcement authority. It determines when more complex rules improve welfare and how this depends on whether enforcement involves self-reporting of behavior. Copyright 1995 by Oxford University Press.

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Publisher Info
Article provided by Oxford University Press in its journal Journal of Law, Economics and Organization.

Volume (Year): 11 (1995)
Issue (Month): 1 (April)
Pages: 150-63
Download reference. The following formats are available: HTML (with abstract), plain text (with abstract), BibTeX, RIS (EndNote, RefMan, ProCite), ReDIF
Handle: RePEc:oup:jleorg:v:11:y:1995:i:1:p:150-63

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  8. Ram Singh, 2001. "Efficient Liability Rules When Courts Make Errors in Estimation of the Harm : Complete Characterization," Working papers 99, Centre for Development Economics, Delhi School of Economics. [Downloadable!]
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  9. Ram Singh, 2003. "Efficiency of 'Simple' Liability Rules When Courts Make Erroneous Estimation of the Damage," European Journal of Law and Economics, Springer, vol. 16(1), pages 39-58, July. [Downloadable!] (restricted)
  10. Louis Kaplow & Steven Shavell, 1996. "Accuracy in the Assessment of Damages," NBER Working Papers 4287, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
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  11. George Warskett & Stanley Winer & Walter Hettich, 1998. "The Complexity of Tax Structure in Competitive Political Systems," International Tax and Public Finance, Springer, vol. 5(2), pages 123-151, May. [Downloadable!] (restricted)
  12. Bertrand Crettez & Bruno Deffains & Régis Deloche, 2009. "On the optimal complexity of law and legal rules harmonization," European Journal of Law and Economics, Springer, vol. 27(2), pages 129-142, April. [Downloadable!] (restricted)
  13. Garoupa, Nuno & Ogus, Anthony, 2003. "A Strategic Interpretation of Legal Transplants," CEPR Discussion Papers 4123, C.E.P.R. Discussion Papers. [Downloadable!] (restricted)
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  14. Allan M Feldman & Ram Singh, 2008. "Comparative Vigilance: a Simple Guide," Working Papers 2008-11, Brown University, Department of Economics. [Downloadable!]
  15. Walls, Margaret & Calcott, Paul, 2002. "Waste, Recycling, and "Design for Environment": Roles for Markets and Policy Instruments," Discussion Papers dp-00-30-rev, Resources For the Future. [Downloadable!]
  16. Wolfgang Kerber & Jürgen-Peter Kretschmer & Georg von Wangenheim, 2008. "Optimal Sequential Investigation Rules in Competition Law," MAGKS Papers on Economics 200816, Philipps-Universität Marburg, Faculty of Business Administration and Economics, Department of Economics (Volkswirtschaftliche Abteilung). [Downloadable!]
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