Analyse économique et droit pénal : contributions, débats, limites
The paper surveys the main criticisms against the economics of crime à la Becker (JPE, 1968). Some of them (external criticisms) are more focused on methological issues, and are mainly addressed by lawyers. Others (internal criticisms) aim at challenging the central result, according to which large monetary penalties (maximal ones, in fact) induce optimal deterrence, while the probability of controling and sanctioning criminals should be as small as possible. In conclusion, the paper discuss some empirical results.
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