We model an enforcement problem where firms can take a known and lawful action or seek a profitable innovation that may enhance or reduce welfare. The legislator sets fines calibrated to the harmfulness of unlawful actions. The range of fines defines norm flexibility. Expected sanctions guide firms’ choices among unlawful actions (marginal deterrence) and/or stunt their initiative altogether (average deterrence). With loyal enforcers, maximum norm flexibility is optimal, so as to exploit both marginal and average deterrence. With corrupt enforcers, instead, the legislator should prefer more rigid norms that prevent bribery and misreporting, at the cost of reducing marginal deterrence and stunting private initiative. The greater is potential corruption, the more rigid the optimal norms.
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Paper provided by IGIER (Innocenzo Gasparini Institute for Economic Research), Bocconi University in its series Working Papers with number
314.
Length: Date of creation: 2006 Date of revision: Handle: RePEc:igi:igierp:314
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Paper
Giovanni Immordino & Marco Pagano & Michele Polo, 2006.
"Norm Flexibility and Private Initiative,"
CSEF Working Papers
163, Centre for Studies in Economics and Finance (CSEF), University of Naples, Italy, revised 01 Nov 2006.
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Gual, Jordi & Hellwig, Martin F. & Perrot, Anne & Polo, Michele & Rey, Patrick & Schmidt, Klaus M. & Stenbacka, Rune, 2005.
"An Economic Approach to Article 82,"
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Cited by: (explanations, Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.)
Giovanni Immordino & Michele Polo, 2008.
"Judicial Errors and Innovative Activity,"
CSEF Working Papers
196, Centre for Studies in Economics and Finance (CSEF), University of Naples, Italy, revised 18 Jul 2008.
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