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Legal Standards and Incomplete Monitoring

In: The Law and Economics of Privacy, Personal Data, Artificial Intelligence, and Incomplete Monitoring

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  • David Hasen

Abstract

Regulators can adjust penalties to compensate for incomplete monitoring of regulated parties that are subject to legal rules, but compensating penalty adjustments often are unavailable when regulated parties are subject to legal standards. Incomplete monitoring consequently invites greater noncompliance under standards than under rules. This chapter develops a model that quantifies some of the specific tradeoffs that regulators face in designing standards regimes under incomplete monitoring. The model also considers the extent to which suboptimal compliance due to incomplete monitoring is likely to result in deadweight loss in different settings.

Suggested Citation

  • David Hasen, 2022. "Legal Standards and Incomplete Monitoring," Research in Law and Economics, in: The Law and Economics of Privacy, Personal Data, Artificial Intelligence, and Incomplete Monitoring, volume 30, pages 109-170, Emerald Group Publishing Limited.
  • Handle: RePEc:eme:rlwezz:s0193-589520220000030010
    DOI: 10.1108/S0193-589520220000030010
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    More about this item

    Keywords

    Compliance; law and economics; deadweight loss; public finance; rules and standards; penalties; K23; K42;
    All these keywords.

    JEL classification:

    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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