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Intuitions about Penalties and Compensation in the Context of Tort Law

In: Making Decisions About Liability And Insurance

Author

Listed:
  • Jonathan Baron

    (University of Pennsylvania, Department of Psychology)

  • Ilana Ritov

    (Ben-Gurion University, Department of Industrial Engineering and Management)

Abstract

Students, retired judges, economists, and others made judgments of appropriate penalties and compensation for hypothetical injuries. In some scenarios, compensation was paid by the government and penalties were paid to the government, so the two could differ. Penalties were generally uninfluenced by their deterrent effect on future behavior. Penalties were greater when they were paid directly to the victim than when they were paid to the government. Compensation was affected by whether injuries were caused by people or by nature, or by acts vs. omissions. These effects are not justified according to consequentialist views of penalties and compensation. We suggest that people are overgeneralizing reasonable rules and that such overgeneralization may be involved in perverse effects of tort law.

Suggested Citation

  • Jonathan Baron & Ilana Ritov, 1993. "Intuitions about Penalties and Compensation in the Context of Tort Law," Springer Books, in: Colin Camerer & Howard Kunreuther (ed.), Making Decisions About Liability And Insurance, pages 17-33, Springer.
    • Handle: RePEc:spr:sprchp:978-94-011-2192-7_2
    DOI: 10.1007/978-94-011-2192-7_2
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