The State’s Enforcement Monopoly and the Private Protection of Property
The modern state has monopolized the legitimate use of force. This concept is twofold. First, the state is empowered with enforcement rights; second, the rights of the individuals are (partly) restricted. In a simple model of property rights with appropriation and defense activity, we show that a restriction of private enforcement is beneficial for the property owner, even if there are no economies of scale from public protection. We emphasize the role of the state as a commitment device for a certain level of enforcement. However, commitment will only work if the state can regulate private protection. A ban of private enforcement measures can even be beneficial in situations where there would be no private enforcement at first place because the “shadow” of defense has a negative impact on the investments in property rights infringements. From a legal perspective, our approach emphasizes a regulation of victim behavior as opposed to the standard approach which focuses on the regulation of criminal behavior.
|Date of creation:||Sep 2011|
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- Steven Shavell & A. Mitchell Polinsky, 2000.
"The Economic Theory of Public Enforcement of Law,"
Journal of Economic Literature,
American Economic Association, vol. 38(1), pages 45-76, March.
- Felix Várdy & John Morgan, 2005.
"The Value of Commitment in Contests and Tournaments when Observation is Costly,"
- Morgan, John & Vardy, Felix, 2007. "The value of commitment in contests and tournaments when observation is costly," Games and Economic Behavior, Elsevier, vol. 60(2), pages 326-338, August.
- Morgan, John & VÃ¡rdy, Felix, 2005. "The Value of Commitment in Contests and Tournaments when Observation is Costly," Competition Policy Center, Working Paper Series qt0s6752rf, Competition Policy Center, Institute for Business and Economic Research, UC Berkeley.
- Donohue, John J, III & Levitt, Steven D, 1998. "Guns, Violence, and the Efficiency of Illegal Markets," American Economic Review, American Economic Association, vol. 88(2), pages 463-67, May.
- Kyle Bagwell, 1992.
"Commitment and Observability in Games,"
1014, Northwestern University, Center for Mathematical Studies in Economics and Management Science.
- Luis C. Corchon, 2007.
"The theory of contests : a survey,"
Economics Working Papers
we075126, Universidad Carlos III, Departamento de Economía.
- Michele Boldrin & David Levine, 2002.
"The Case Against Intellectual Property,"
American Economic Review,
American Economic Association, vol. 92(2), pages 209-212, May.
- Dam, Kenneth W, 1999. "Self-Help in the Digital Jungle," The Journal of Legal Studies, University of Chicago Press, vol. 28(2), pages 393-412, June.
- Shavell, Steven, 1991. "Individual precautions to prevent theft: Private versus socially optimal behavior," International Review of Law and Economics, Elsevier, vol. 11(2), pages 123-132, September.
- Clotfelter, Charles T., 1978. "Private security and the public safety," Journal of Urban Economics, Elsevier, vol. 5(3), pages 388-402, July.
- Clotfelter, Charles T, 1977. "Public Services, Private Substitutes, and the Demand for Protection against Crime," American Economic Review, American Economic Association, vol. 67(5), pages 867-77, December.
- Stergios Skaperdas, 1996.
"Contest success functions (*),"
Springer, vol. 7(2), pages 283-290.
- repec:cup:cbooks:9780521894753 is not listed on IDEAS
- Hodgson, Geoffrey M., 2006. "Microeconomics: Behavior, Institutions, and Evolution, Samuel Bowles, Princeton University Press and Russell Sage Foundation, 2004, 584 pages," Economics and Philosophy, Cambridge University Press, vol. 22(01), pages 166-171, March.
- Yildirim, Huseyin, 2005. "Contests with multiple rounds," Games and Economic Behavior, Elsevier, vol. 51(1), pages 213-227, April.
- Martin Kolmar, 2008. "Perfectly Secure Property Rights and Production Inefficiencies in Tullock Contests," Southern Economic Journal, Southern Economic Association, vol. 75(2), pages 441-456, October.
- Bush, Winston C. & Mayer, Lawrence S., 1974. "Some implications of anarchy for the distribution of property," Journal of Economic Theory, Elsevier, vol. 8(4), pages 401-412, August.
- Konrad, Kai A., 2009. "Strategy and Dynamics in Contests," OUP Catalogue, Oxford University Press, number 9780199549603, March.
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