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On the optimality of a duty-to-rescue rule and the cost of wrongful intervention

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  • Crettez, Bertrand
  • Deloche, Regis

Abstract

In common law legal systems, there is no legal duty to rescue persons in danger. By contrast in code-based legal systems, the principle of duty to rescue does apply. What is behind this difference? To answer this question, we develop a new model extending the reach and strength of the standard civic duty game by taking into account the cost of wrongful intervention. We use this model to analyze and compare three policy options: doing nothing, adopting a duty-to-rescue rule, and encouraging would-be rescuers. We show that a duty-to-rescue rule is more likely to be welfare enhancing when the cost of inappropriately intervening is low, and that, in certain cases, encouraging would-be rescuers is preferred by a representative citizen to both a duty-to-rescue rule and no-rule. Finally, we offer an explanation for the choices made in the USA and France as to whether to use rescue laws.

Suggested Citation

  • Crettez, Bertrand & Deloche, Regis, 2011. "On the optimality of a duty-to-rescue rule and the cost of wrongful intervention," International Review of Law and Economics, Elsevier, vol. 31(4), pages 263-271.
    • Handle: RePEc:eee:irlaec:v:31:y:2011:i:4:p:263-271
    DOI: 10.1016/j.irle.2011.08.002
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    References listed on IDEAS

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    1. Palfrey, Thomas R. & Rosenthal, Howard, 1984. "Participation and the provision of discrete public goods: a strategic analysis," Journal of Public Economics, Elsevier, vol. 24(2), pages 171-193, July.
    2. Rubin, Paul H., 1986. "Costs and benefits of a duty to rescue," International Review of Law and Economics, Elsevier, vol. 6(2), pages 273-276, December.
    3. Sophie Harnay & Alain Marciano, 2009. "Should I help my neighbor? Self-interest, altruism and economic analyses of rescue laws," European Journal of Law and Economics, Springer, vol. 28(2), pages 103-131, October.
    4. William M. Landes & Richard A. Posner, 1978. "Salvors, Finders, Good Samaritans and Other Rescuers: An Economic Study of Law and Altruism," NBER Working Papers 0227, National Bureau of Economic Research, Inc.
    5. Hasen, Richard L., 1995. "The efficient duty to rescue," International Review of Law and Economics, Elsevier, vol. 15(2), pages 141-150, June.
    6. Joseph E Harrington Jr, 2001. "A Simple Game-Theoretic Explanation for the Relationship Between Group Size and Helping," Economics Working Paper Archive 417, The Johns Hopkins University,Department of Economics.
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    Cited by:

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    3. Friehe, Tim & Tabbach, Avraham, 2018. "A comparison of simple action-based and outcome-based policies for emergency-like situations," Mathematical Social Sciences, Elsevier, vol. 92(C), pages 22-34.

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    More about this item

    Keywords

    Bystander effect; Duty to rescue;

    JEL classification:

    • K00 - Law and Economics - - General - - - General (including Data Sources and Description)

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