IDEAS home Printed from https://ideas.repec.org/a/wly/empleg/v13y2016i4p786-808.html
   My bibliography  Save this article

Formal and Social Enforcement in Response to Individual Versus Corporate Transgressions

Author

Listed:
  • Uriel Haran
  • Doron Teichman
  • Yuval Feldman

Abstract

Social enforcement of norms governing appropriate business practices, through online and social networks, is regarded as an effective alternative to formal, state‐sponsored enforcement. However, recent research finds that such norms are interpreted differently when applied to individual actors than when applied to corporations. This article finds that this difference transcends to enforcement, and that willingness to actively respond to a transgression depends on both the transgressor's identity and the type of violation. Three studies found that people are reluctant to substitute social enforcement for state‐sponsored action, and that the preference for formal over social action was generally more pronounced when the target of the action was an individual than when the action targeted a corporation. Furthermore, individuals were judged more severely for intentional harms, whereas corporations received higher levels of critique for violations caused by negligent behavior. Our findings suggest that the state may need to exercise caution in outsourcing norm enforcement in commercial relationships.

Suggested Citation

  • Uriel Haran & Doron Teichman & Yuval Feldman, 2016. "Formal and Social Enforcement in Response to Individual Versus Corporate Transgressions," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 13(4), pages 786-808, December.
  • Handle: RePEc:wly:empleg:v:13:y:2016:i:4:p:786-808
    DOI: 10.1111/jels.12133
    as

    Download full text from publisher

    File URL: https://doi.org/10.1111/jels.12133
    Download Restriction: no

    File URL: https://libkey.io/10.1111/jels.12133?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    References listed on IDEAS

    as
    1. Ernst Fehr & Simon Gächter, 2000. "Fairness and Retaliation: The Economics of Reciprocity," Journal of Economic Perspectives, American Economic Association, vol. 14(3), pages 159-181, Summer.
    2. Ernst Fehr & Urs Fischbacher, "undated". "Third Party Punishment and Social Norms," IEW - Working Papers 106, Institute for Empirical Research in Economics - University of Zurich.
    3. Armin Falk & Ernst Fehr & Urs Fischbacher, 2005. "Driving Forces Behind Informal Sanctions," Econometrica, Econometric Society, vol. 73(6), pages 2017-2030, November.
    4. Rai, Tage S. & Diermeier, Daniel, 2015. "Corporations are Cyborgs: Organizations elicit anger but not sympathy when they can think but cannot feel," Organizational Behavior and Human Decision Processes, Elsevier, vol. 126(C), pages 18-26.
    5. Armin Falk & Ernst Fehr & Urs Fischbacher, "undated". "Driving Forces of Informal Sanctions," IEW - Working Papers 059, Institute for Empirical Research in Economics - University of Zurich.
    6. Axel Ostmann, 1998. "External Control May Destroy The Commons," Rationality and Society, , vol. 10(1), pages 103-122, February.
    7. Jeffrey Carpenter & Peter Matthews & Okomboli Ong’ong’a, 2004. "Why Punish? Social reciprocity and the enforcement of prosocial norms," Journal of Evolutionary Economics, Springer, vol. 14(4), pages 407-429, October.
    8. Lott, John R, Jr, 1992. "Do We Punish High Income Criminals Too Heavily?," Economic Inquiry, Western Economic Association International, vol. 30(4), pages 583-608, October.
    9. Cooter, Robert & Porat, Ariel, 2001. "Should Courts Deduct Nonlegal Sanctions from Damages?," The Journal of Legal Studies, University of Chicago Press, vol. 30(2), pages 401-422, Part I Ju.
    10. Yoram Kroll & Liema Davidovitz, 2003. "Inequality Aversion versus Risk Aversion," Economica, London School of Economics and Political Science, vol. 70(277), pages 19-29, February.
    11. Yuval Feldman, 2009. "The Expressive Function of Trade Secret Law: Legality, Cost, Intrinsic Motivation, and Consensus," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 6(1), pages 177-212, March.
    12. Ernst Fehr & Simon Gächter, 2002. "Altruistic punishment in humans," Nature, Nature, vol. 415(6868), pages 137-140, January.
    13. Uriel Haran, 2013. "A Person--Organization Discontinuity in Contract Perception: Why Corporations Can Get Away with Breaking Contracts But Individuals Cannot," Management Science, INFORMS, vol. 59(12), pages 2837-2853, December.
    14. Alon Harel & Alon Klement, 2007. "The Economics of Stigma: Why More Detection of Crime May Result in Less Stigmatization," The Journal of Legal Studies, University of Chicago Press, vol. 36(2), pages 355-377, June.
    15. Bernstein, Lisa, 1992. "Opting Out of the Legal System: Extralegal Contractual Relations in the Diamond Industry," The Journal of Legal Studies, University of Chicago Press, vol. 21(1), pages 115-157, January.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Shoham Choshen‐Hillel & Ehud Guttel & Alon Harel, 2022. "Framing negligence," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 19(2), pages 296-339, June.
    2. Sergio Mittlaender & Vincent Buskens, 2019. "Retaliation, Remedies, and Contracts," American Law and Economics Review, American Law and Economics Association, vol. 21(2), pages 280-306.
    3. Tikotsky, Ariel & Pe'er, Eyal & Feldman, Yuval, 2020. "Which nudges do businesses like? Managers’ attitudes towards nudges directed at their business or at their customers," Journal of Economic Behavior & Organization, Elsevier, vol. 170(C), pages 43-51.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Fluet, Claude & Galbiati, Rpbertp, 2016. "Lois et normes : les enseignements de l'économie comportementale," L'Actualité Economique, Société Canadienne de Science Economique, vol. 92(1-2), pages 191-215, Mars-Juin.
    2. Yuval Feldman & Orly Lobel, 2008. "Decentralized enforcement in organizations: An experimental approach," Regulation & Governance, John Wiley & Sons, vol. 2(2), pages 165-192, June.
    3. Christian Thöni, 2014. "Inequality aversion and antisocial punishment," Theory and Decision, Springer, vol. 76(4), pages 529-545, April.
    4. Patel, Amrish & Cartwright, Edward & Mark, Van Vugt, 2010. "Punishment Cannot Sustain Cooperation in a Public Good Game with Free-Rider Anonymity," Working Papers in Economics 451, University of Gothenburg, Department of Economics.
    5. Vyrastekova, Jana & Funaki, Yukihiko & Takeuchi, Ai, 2011. "Sanctioning as a social norm: Expectations of non-strategic sanctioning in a public goods game experiment," Journal of Behavioral and Experimental Economics (formerly The Journal of Socio-Economics), Elsevier, vol. 40(6), pages 919-928.
    6. David Masclet & Marie-Claire Villeval, 2008. "Punishment, inequality, and welfare: a public good experiment," Social Choice and Welfare, Springer;The Society for Social Choice and Welfare, vol. 31(3), pages 475-502, October.
    7. Bicskei, Marianna & Lankau, Matthias & Bizer, Kilian, 2016. "Negative reciprocity and its relation to anger-like emotions in identity-homogeneous and -heterogeneous groups," Journal of Economic Psychology, Elsevier, vol. 54(C), pages 17-34.
    8. Astrid Hopfensitz & Ernesto Reuben, 2009. "The Importance of Emotions for the Effectiveness of Social Punishment," Economic Journal, Royal Economic Society, vol. 119(540), pages 1534-1559, October.
    9. Umut Ones & Louis Putterman, 2004. "The Ecology of Collective Action: A Public Goods and Sanctions Experiment with Controlled Group Formation," Working Papers 2004-01, Brown University, Department of Economics.
    10. Robert Kurzban & Peter DeScioli, 2013. "Adaptationist punishment in humans," Journal of Bioeconomics, Springer, vol. 15(3), pages 269-279, October.
    11. Christoph Engel, 2016. "Experimental Criminal Law. A Survey of Contributions from Law, Economics and Criminology," Discussion Paper Series of the Max Planck Institute for Research on Collective Goods 2016_07, Max Planck Institute for Research on Collective Goods.
    12. Leibbrandt, Andreas & López-Pérez, Raúl, 2011. "Individual Heterogeneity in Punishment and Reward," Working Papers in Economic Theory 2011/01, Universidad Autónoma de Madrid (Spain), Department of Economic Analysis (Economic Theory and Economic History).
    13. Jeff Galak & Rosalind M Chow, 2019. "Compensate a little, but punish a lot: Asymmetric routes to restoring justice," PLOS ONE, Public Library of Science, vol. 14(1), pages 1-27, January.
    14. Ones, Umut & Putterman, Louis, 2007. "The ecology of collective action: A public goods and sanctions experiment with controlled group formation," Journal of Economic Behavior & Organization, Elsevier, vol. 62(4), pages 495-521, April.
    15. Jillian Jordan & Katherine McAuliffe & David Rand, 2016. "The effects of endowment size and strategy method on third party punishment," Experimental Economics, Springer;Economic Science Association, vol. 19(4), pages 741-763, December.
    16. Bicskei, Marianna & Lankau, Matthias & Bizer, Kilian, 2014. "Negative reciprocity and its relation to anger-like emotions in homogeneous and heterogeneous groups," University of Göttingen Working Papers in Economics 203, University of Goettingen, Department of Economics.
    17. Christoph Engel & Michael Kurschilgen, 2011. "Fairness Ex Ante and Ex Post: Experimentally Testing Ex Post Judicial Intervention into Blockbuster Deals," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 8(4), pages 682-708, December.
    18. Christine Clavien & Colby J Tanner & Fabrice Clément & Michel Chapuisat, 2012. "Choosy Moral Punishers," PLOS ONE, Public Library of Science, vol. 7(6), pages 1-6, June.
    19. Kenju Kamei & Louis Putterman, 2018. "Reputation Transmission Without Benefit To The Reporter: A Behavioral Underpinning Of Markets In Experimental Focus," Economic Inquiry, Western Economic Association International, vol. 56(1), pages 158-172, January.
    20. David Masclet & Marie-Claire Villeval, 2006. "Punishment, Inequality and Emotions," Working Papers 0604, Groupe d'Analyse et de Théorie Economique Lyon St-Étienne (GATE Lyon St-Étienne), Université de Lyon.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:wly:empleg:v:13:y:2016:i:4:p:786-808. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Wiley Content Delivery (email available below). General contact details of provider: https://doi.org/10.1111/(ISSN)1740-1461 .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.