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When Is Compliance with the Law Socially Desirable?

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  • Steven Shavell

Abstract

When would an individual expect adherence to the law to advance the social good? This time-honored question is of more than intellectual interest, for if individuals have some desire to foster social welfare, the answer to it may help to explain and guide actual compliance with the law. In the model that I study, an individual's knowledge of factors relevant to social welfare is inferior to lawmakers' in some respects and superior in others. Thus, in assessing whether obeying legal rules would promote social welfare, an individual must consider that rules will impound certain superior information of lawmakers but also that rules may fail to reflect his private information. A second issue that an individual must consider in deciding whether following the law would be desirable is a compliance externality: the effect of the witnessing of his compliance behavior on the compliance behavior of observers. The conclusions from the model are interpreted, including their implications for actual compliance and for the moral obligation to obey the law.

Suggested Citation

  • Steven Shavell, 2012. "When Is Compliance with the Law Socially Desirable?," The Journal of Legal Studies, University of Chicago Press, vol. 41(1), pages 1-36.
    • Handle: RePEc:ucp:jlstud:doi:10.1086/664064
    DOI: 10.1086/664064
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    References listed on IDEAS

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    1. Steven Shavell, 2002. "Law versus Morality as Regulators of Conduct," American Law and Economics Review, American Law and Economics Association, vol. 4(2), pages 227-257.
    2. Posner, Richard A, 1997. "Social Norms and the Law: An Economic Approach," American Economic Review, American Economic Association, vol. 87(2), pages 365-369, May.
    3. Jon Elster, 1998. "Emotions and Economic Theory," Journal of Economic Literature, American Economic Association, vol. 36(1), pages 47-74, March.
    4. Rabin, Matthew, 1993. "Incorporating Fairness into Game Theory and Economics," American Economic Review, American Economic Association, vol. 83(5), pages 1281-1302, December.
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    Cited by:

    1. Shaun Larcom & Luca A. Panzone & Timothy Swanson, 2017. "Follow-the-leader? Measuring the internalisation of law," CIES Research Paper series 50-2017, Centre for International Environmental Studies, The Graduate Institute.
    2. Bruno Deffains & Claude Fluet, 2013. "The Role of Social Image Concerns in the Design of Legal Regimes," Cahiers de recherche 1321, CIRPEE.
    3. Bruno Deffains & Claude Fluet, 2020. "Social Norms and Legal Design," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 36(1), pages 139-169.

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