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When sanctions convey moral norms

Author

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  • Laetitia B. Mulder

    (University of Groningen)

Abstract

Sanctions not only have the instrumental function of deterring people from undesired behavior but they also have the ability to convey moral norms. As such, they may create a moral motivation not to engage in the sanctioned behavior. This is desirable as this makes the success of a sanctioning system depend less on quality of enforcement. However, sanctions may not always succeed in conveying moral norms. In this paper, three conditions are highlighted that, in the psychology literature, have been empirically proven to influence whether a sanction succeeds to evoke moral norms. First, a sanction should not be regarded as a way to make up for the negative consequences of a transgression a sanction. So, they should be communicated in a retributive way rather than in a compensatory way. Second, as punishments communicate an obligatory rule and rewards communicate a voluntary rule, punishments are a better way to incur moral norms than rewards. Third, severe sanctions more strongly convey a moral norm than mild ones as long as these severe sanctions are not unreasonably severe, are installed by trustworthy authorities and in a fair way. The value of the moral expressive function of sanctions, as well as its drawbacks, are discussed.

Suggested Citation

  • Laetitia B. Mulder, 2018. "When sanctions convey moral norms," European Journal of Law and Economics, Springer, vol. 46(3), pages 331-342, December.
  • Handle: RePEc:kap:ejlwec:v:46:y:2018:i:3:d:10.1007_s10657-016-9532-5
    DOI: 10.1007/s10657-016-9532-5
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    References listed on IDEAS

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    1. Gneezy, Uri & Rustichini, Aldo, 2000. "A Fine is a Price," The Journal of Legal Studies, University of Chicago Press, vol. 29(1), pages 1-17, January.
    2. Fehr, Ernst & Falk, Armin, 2002. "Psychological foundations of incentives," European Economic Review, Elsevier, vol. 46(4-5), pages 687-724, May.
    3. Cooter, Robert, 1998. "Expressive Law and Economics," The Journal of Legal Studies, University of Chicago Press, vol. 27(2), pages 585-608, June.
    4. Laetitia Mulder & Rob Nelissen, 2010. "When Rules Really Make a Difference: The Effect of Cooperation Rules and Self-Sacrificing Leadership on Moral Norms in Social Dilemmas," Journal of Business Ethics, Springer, vol. 95(1), pages 57-72, September.
    5. Becker, Gary S, 1993. "Nobel Lecture: The Economic Way of Looking at Behavior," Journal of Political Economy, University of Chicago Press, vol. 101(3), pages 385-409, June.
    6. Benno Torgler & Friedrich Schneider, 2005. "Attitudes Towards Paying Taxes in Austria: An Empirical Analysis," Empirica, Springer;Austrian Institute for Economic Research;Austrian Economic Association, vol. 32(2), pages 231-250, June.
    7. Cooter, Robert, 1998. "Expressive Law and Economics," Berkeley Olin Program in Law & Economics, Working Paper Series qt3w34j60j, Berkeley Olin Program in Law & Economics.
    8. Yuval Feldman, 2009. "The Expressive Function of Trade Secret Law: Legality, Cost, Intrinsic Motivation, and Consensus," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 6(1), pages 177-212, March.
    9. Mulder, Laetitia B. & van Dijk, Eric & Wilke, Henk A.M. & De Cremer, David, 2005. "The effect of feedback on support for a sanctioning system in a social dilemma: The difference between installing and maintaining the sanction," Journal of Economic Psychology, Elsevier, vol. 26(3), pages 443-458, June.
    10. Robert Cooter, 1998. "Expressive Law and Economics," CESifo Working Paper Series 161, CESifo.
    11. Verboon, Peter & van Dijke, Marius, 2011. "When do severe sanctions enhance compliance? The role of procedural fairness," Journal of Economic Psychology, Elsevier, vol. 32(1), pages 120-130, February.
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    Cited by:

    1. Morawska Sylwia & Prusak Błażej & Banasik Przemysław & Woźniak-Jęchorek Beata, 2019. "Sanctions and their role in preventing the appropriation of the creditor’s property rights in bankruptcy proceedings–the case of Poland," Economics and Business Review, Sciendo, vol. 5(1), pages 93-113, March.

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    More about this item

    Keywords

    Sanctions; Morality; Punishments; Rewards; Norms;
    All these keywords.

    JEL classification:

    • K00 - Law and Economics - - General - - - General (including Data Sources and Description)
    • K1 - Law and Economics - - Basic Areas of Law
    • K2 - Law and Economics - - Regulation and Business Law
    • K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior

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