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Analyse économique et droit pénal : contributions, débats, limites


  • Eric Langlais


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.

Suggested Citation

  • Eric Langlais, 2011. "Analyse économique et droit pénal : contributions, débats, limites," EconomiX Working Papers 2011-33, University of Paris Nanterre, EconomiX.
  • Handle: RePEc:drm:wpaper:2011-33

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    References listed on IDEAS

    1. W. Bentley MacLeod, 2007. "Reputations, Relationships, and Contract Enforcement," Journal of Economic Literature, American Economic Association, vol. 45(3), pages 595-628, September.
    2. Gehrig, Thomas & Jost, Peter-J, 1995. "Quacks, Lemons, and Self Regulation: A Welfare Analysis," Journal of Regulatory Economics, Springer, vol. 7(3), pages 309-325, May.
    3. Van Den Bergh, Roger & Faure, Michael, 1991. "Self-regulation of the professions in Belgium," International Review of Law and Economics, Elsevier, vol. 11(2), pages 165-182, September.
    4. Darby, Michael R & Karni, Edi, 1973. "Free Competition and the Optimal Amount of Fraud," Journal of Law and Economics, University of Chicago Press, vol. 16(1), pages 67-88, April.
    5. Nunez, Javier, 2001. "A model of self-regulation," Economics Letters, Elsevier, vol. 74(1), pages 91-97, December.
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    Cited by:

    1. Éric Langlais & Marie Obidzinski, 2015. "The Structure of Fines in the Light of Political Competition," Revue d'économie politique, Dalloz, vol. 125(5), pages 717-729.

    More about this item


    économie du crime; Becker; dissuasion et politique de mise en oeuvre optimale; fonctions du code pénal;

    JEL classification:

    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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