AbstractThe concept of collective responsibility, or group punishment, for crimes or other harmful acts was a pervasive feature of ancient societies, as exemplified by the Roman doctrines of quasi-delicts and noxal liability, and the Greek notion of “pollution.” This chapter briefly surveys historical examples of collective responsibility, which have largely given way to the modern concept of individual responsibility, though vestiges of collective responsibility remain in modern culture and law (notably in the form of vicarious liability). The chapter then lays out a theoretical analysis of the choice between collective and individual responsibility that highlights those circumstances in which each is preferred as a law enforcement strategy.
Download InfoIf you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
Bibliographic InfoPaper provided by University of Connecticut, Department of Economics in its series Working papers with number 2013-23.
Length: 26 pages
Date of creation: Aug 2013
Date of revision:
Contact details of provider:
Postal: University of Connecticut 341 Mansfield Road, Unit 1063 Storrs, CT 06269-1063
Phone: (860) 486-4889
Fax: (860) 486-4463
Web page: http://www.econ.uconn.edu/
More information through EDIRC
Collective responsibility; individual punishment; group punishment; liability;
Find related papers by JEL classification:
- K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
- K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law
- N40 - Economic History - - Government, War, Law, International Relations, and Regulation - - - General, International, or Comparative
This paper has been announced in the following NEP Reports:
- NEP-ALL-2013-09-13 (All new papers)
- NEP-CDM-2013-09-13 (Collective Decision-Making)
- NEP-EVO-2013-09-13 (Evolutionary Economics)
- NEP-HPE-2013-09-13 (History & Philosophy of Economics)
- NEP-LAW-2013-09-13 (Law & Economics)
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.:
- Thomas J. Miceli & Kathleen Segerson, 2007.
"Punishing the Innocent along with the Guilty: The Economics of Individual versus Group Punishment,"
The Journal of Legal Studies,
University of Chicago Press, vol. 36(1), pages 81-106, 01.
- Thomas J. Miceli & Kathleen Segerson, 2004. "Punishing the Innocent along with the Guilty: The Economics of Individual versus Group Punishment," Working papers 2004-37, University of Connecticut, Department of Economics.
- Steven Shavell, 1983.
"Uncertainty Over Causation and the Determination of Civil Liability,"
NBER Working Papers
1219, National Bureau of Economic Research, Inc.
- Shavell, Steven, 1985. "Uncertainty over Causation and the Determination of Civil Liability," Journal of Law and Economics, University of Chicago Press, vol. 28(3), pages 587-609, October.
- Peter S. Menell, 1991. "The Limitations of Legal Institutions for Addressing Environmental Risks," Journal of Economic Perspectives, American Economic Association, vol. 5(3), pages 93-113, Summer.
- Anonymous, 1998. "Research Updates," Journal of Food Distribution Research, Food Distribution Research Society, vol. 29(1), February.
- Gary S. Becker, 1968.
"Crime and Punishment: An Economic Approach,"
Journal of Political Economy,
University of Chicago Press, vol. 76, pages 169.
- Steven Shavell & A. Mitchell Polinsky, 2000.
"The Economic Theory of Public Enforcement of Law,"
Journal of Economic Literature,
American Economic Association, vol. 38(1), pages 45-76, March.
- Nuno Garoupa, 2000.
"Corporate criminal law and organization incentives: A managerial perspective,"
Economics Working Papers
529, Department of Economics and Business, Universitat Pompeu Fabra.
- Nuno Garoupa, 2000. "Corporate criminal law and organization incentives: a managerial perspective," Managerial and Decision Economics, John Wiley & Sons, Ltd., vol. 21(6), pages 243-252.
- Francesco Parisi & G. Dari Mattiacci, 2003.
"The Rise and Fall of Communal Liability in Ancient Law,"
03-12, Utrecht School of Economics.
- Parisi, Francesco & Dari-Mattiacci, Giuseppe, 2004. "The rise and fall of communal liability in ancient law," International Review of Law and Economics, Elsevier, vol. 24(4), pages 489-505, December.
- Segerson, Kathleen & Tietenberg, Tom, 1992. "The structure of penalties in environmental enforcement: An economic analysis," Journal of Environmental Economics and Management, Elsevier, vol. 23(2), pages 179-200, September.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Kasey Kniffin).
If references are entirely missing, you can add them using this form.