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Collective Responsibility

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  • Thomas J. Miceli

    (University of Connecticut)

Abstract

The 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.

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  • Thomas J. Miceli, 2013. "Collective Responsibility," Working papers 2013-23, University of Connecticut, Department of Economics.
  • Handle: RePEc:uct:uconnp:2013-23
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    References listed on IDEAS

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    1. Arlen, Jennifer, 1994. "The Potentially Perverse Effects of Corporate Criminal Liability," The Journal of Legal Studies, University of Chicago Press, vol. 23(2), pages 832-867, June.
    2. 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.
    3. Gary S. Becker, 1974. "Crime and Punishment: An Economic Approach," NBER Chapters, in: Essays in the Economics of Crime and Punishment, pages 1-54, National Bureau of Economic Research, Inc.
    4. 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.
    5. 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.
    6. 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, January.
    7. Unknown, 1998. "Research Updates," Journal of Food Distribution Research, Food Distribution Research Society, vol. 29(1), pages 1-17, February.
    8. 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.
    9. 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.
    10. Miceli, Thomas J., 1991. "Optimal criminal procedure: Fairness and deterrence," International Review of Law and Economics, Elsevier, vol. 11(1), pages 3-10, May.
    11. 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.
    12. Lembke B., 1918. "√ a. p," Journal of Economics and Statistics (Jahrbuecher fuer Nationaloekonomie und Statistik), De Gruyter, vol. 111(1), pages 709-712, February.
    13. Shavell, S., 1986. "The judgment proof problem," International Review of Law and Economics, Elsevier, vol. 6(1), pages 45-58, June.
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    Cited by:

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    More about this item

    Keywords

    Collective responsibility; individual punishment; group punishment; liability;
    All these keywords.

    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

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