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The effects of the enforcement strategy

  • Suurmond, Guido
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    The conventional economic literature on law enforcement provides no satisfactory explanation for the enforcement policies in the field of environmental regulation, safety regulation and health regulation. In these fields enforcement usually applies administrative law sanctions and is characterized primarily by advice, persuasion and warnings. This is illustrated for the enforcement of fire safety regulation in bars and restaurants by Dutch municipalities. I demonstrate that economic analyses are well able to explain the benefits and need of an enforcement policy of advice, persuasion and warnings. However, it is also true that in the specific field analyzed a more deterrent policy by more severe punishment will most likely improve compliance. As such, the general economic argument of the benefits of deterrence should not be abandoned.

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    File URL: https://mpra.ub.uni-muenchen.de/21142/1/MPRA_paper_21142.pdf
    File Function: original version
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    Paper provided by University Library of Munich, Germany in its series MPRA Paper with number 21142.

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    Date of creation: 2007
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    Publication status: Published in Department of Economics Research Memorandum 2007.03 (2007): pp. 1-25
    Handle: RePEc:pra:mprapa:21142
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    1. Garvie, Devon & Keeler, Andrew, 1994. "Incomplete enforcement with endogenous regulatory choice," Journal of Public Economics, Elsevier, vol. 55(1), pages 141-162, September.
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    3. Harford, Jon D. & Harrington, Winston, 1991. "A reconsideration of enforcement leverage when penalties are restricted," Journal of Public Economics, Elsevier, vol. 45(3), pages 391-395, August.
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    7. Robin W. Boadway & Nicolas Marceau, 1993. "Time-Consistent Criminal Sanctions," Working Papers 883, Queen's University, Department of Economics.
    8. Friesen, Lana, 2006. "The social welfare implications of industry self-auditing," Journal of Environmental Economics and Management, Elsevier, vol. 51(3), pages 280-294, May.
    9. Karine Nyborg & Kjetil Telle, 2006. "Firms’ Compliance to Environmental Regulation: Is There Really a Paradox?," Environmental & Resource Economics, European Association of Environmental and Resource Economists, vol. 35(1), pages 1-18, September.
    10. Nyborg, Karine & Telle, Kjetil, 2003. "The Role of Warnings in Regulation: Keeping Control with Less Punishment," Memorandum 24/2003, Oslo University, Department of Economics.
    11. Shavell, Steven, 1992. "Liability and the Incentive to Obtain Information about Risk," The Journal of Legal Studies, University of Chicago Press, vol. 21(2), pages 259-70, June.
    12. Matthew J. Baker & Thomas J. Miceli, 2003. "Credible Criminal Enforcement," Working papers 2003-40, University of Connecticut, Department of Economics.
    13. Posner, R.A. & Rasmusen, E., 1998. "Creating and Enforcing Norms, with Special Reference to Sanctions," Papers 98-005, Indiana - Center for Econometric Model Research.
    14. Innes, Robert, 1999. "Remediation and self-reporting in optimal law enforcement," Journal of Public Economics, Elsevier, vol. 72(3), pages 379-393, June.
    15. Kolstad, Charles D & Ulen, Thomas S & Johnson, Gary V, 1990. "Ex Post Liability for Harm vs. Ex Ante Safety Regulation: Substitutes or Complements?," American Economic Review, American Economic Association, vol. 80(4), pages 888-901, September.
    16. Lando, Henrik & Shavell, Steven, 2004. "The advantage of focusing law enforcement effort," International Review of Law and Economics, Elsevier, vol. 24(2), pages 209-218, June.
    17. Livernois, John & McKenna, C. J., 1999. "Truth or consequences: Enforcing pollution standards with self-reporting," Journal of Public Economics, Elsevier, vol. 71(3), pages 415-440, March.
    18. Mookherjee, Dilip & Png, I P L, 1994. "Marginal Deterrence in Enforcement of Law," Journal of Political Economy, University of Chicago Press, vol. 102(5), pages 1039-66, October.
    19. Schmitz, Patrick W., 2000. "On the Joint Use of Liability and Safety Regulation," MPRA Paper 12536, University Library of Munich, Germany.
    20. Aldo Rustichini & Uri Gneezy, 2000. "A fine is a price," Natural Field Experiments 00258, The Field Experiments Website.
    21. Malik, Arun S., 1990. "Markets for pollution control when firms are noncompliant," Journal of Environmental Economics and Management, Elsevier, vol. 18(2), pages 97-106, March.
    22. Harrington, Winston, 1988. "Enforcement leverage when penalties are restricted," Journal of Public Economics, Elsevier, vol. 37(1), pages 29-53, October.
    23. Kjetil Telle, 2004. "Effects of inspections on plants' regulatory and environmental performance - evidence from Norwegian manufacturing industries," Discussion Papers 381, Statistics Norway, Research Department.
    24. Nadeau, Louis W., 1997. "EPA Effectiveness at Reducing the Duration of Plant-Level Noncompliance," Journal of Environmental Economics and Management, Elsevier, vol. 34(1), pages 54-78, September.
    25. Anthony Heyes, 1994. "Environmental enforcement when ‘inspectability’ is endogenous: A model with overshooting properties," Environmental & Resource Economics, European Association of Environmental and Resource Economists, vol. 4(5), pages 479-494, October.
    26. Heyes, Anthony, 2000. "Implementing Environmental Regulation: Enforcement and Compliance," Journal of Regulatory Economics, Springer, vol. 17(2), pages 107-29, March.
    27. Fenn, P & Veljanovski, C G, 1988. "A Positive Economic Theory of Regulatory Enforcement," Economic Journal, Royal Economic Society, vol. 98(393), pages 1055-70, December.
    28. Gary S. Becker, 1974. "Crime and Punishment: An Economic Approach," NBER Chapters, in: Essays in the Economics of Crime and Punishment, pages 1-54 National Bureau of Economic Research, Inc.
    29. Malik Arun S., 1993. "Self-Reporting and the Design of Policies for Regulating Stochastic Pollution," Journal of Environmental Economics and Management, Elsevier, vol. 24(3), pages 241-257, May.
    30. Shavell, Steven, 1993. "The Optimal Structure of Law Enforcement," Journal of Law and Economics, University of Chicago Press, vol. 36(1), pages 255-87, April.
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