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The scope of criminal law and criminal sanctions: An economic view and policy implications

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Author Info

  • Roger Bowles

    ()
    (University of York)

  • Michael Faure

    ()
    (Maastricht University)

  • Nuno Garoupa

    ()
    (University of Illinois and IMDEA Social Sciences)

Abstract

This paper considers why some harm-generating activities are controlled by criminal law and criminal sanctions while others are subject to some other mechanism such as civil law, administrative law, regulation or the tax system. It looks at the question from the perspective of the law and economics approach. We seek to identify the comparative benefits of using the criminal law relative to other enforcement mechanisms and – more broadly – why certain specific behaviours are criminalized. The paper argues that an economic approach emphasizing the relative merits of alternative legal instruments for bringing about harm reduction can provide an explanation for a number of recent legal developments. It argues also that the willingness of legislators to combine the use of sanctions traditionally used in one area of the law with sanctions from other areas is more readily explicable in economic terms than in other terms.

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Bibliographic Info

Paper provided by Instituto Madrileño de Estudios Avanzados (IMDEA) Ciencias Sociales in its series Working Papers with number 2008-03.

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Date of creation: 07 Feb 2008
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Publication status: Published in Journal of Law and Society 35(3), September 2008: 389-416
Handle: RePEc:imd:wpaper:wp2008-03

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Cited by:
  1. Éric Langlais, 2010. "Les criminels aiment-ils le risque ?," Revue économique, Presses de Sciences-Po, vol. 0(2), pages 263-280.
  2. Paolo Polidori & Désirée Teobaldelli, 2012. "Corporate Criminal Liability and Optimal Behavior by Firms.Internal Monitoring Devices versus Managerial Incentives," Working Papers 1216, University of Urbino Carlo Bo, Department of Economics, Society & Politics - Scientific Committee - L. Stefanini & G. Travaglini, revised 2012.
  3. Éric Langlais & Marie Obidzinski, 2013. "Elected vs appointed public law enforcers," EconomiX Working Papers 2013-35, University of Paris West - Nanterre la Défense, EconomiX.
  4. Timo Goeschl & Ole Jürgens, 2014. "Criminalizing environmental offences: when the prosecutor’s helping hand hurts," European Journal of Law and Economics, Springer, vol. 37(2), pages 199-219, April.

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