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Estimation of social damage from crimes and proportionality of punishment to damage: The Law and Economics approach

Author

Listed:
  • Kalyagin Grigory

    (Department of Economics, Lomonosov Moscow State University)

Abstract

This article discusses the principle of proportionality of the severity of punishment to social damage from an offense from the point of view of law and economics. A review of various criminological approaches to assessing social damage from crimes of various types is made. It is concluded that it is not possible to measure this damage in any particular case with any accuracy. As a basis for establishing the severity of punishment in proportion to the social damage from a crime, the methodology proposed by Sellin and Wolfgang (Sellin and Wolfgang, 1964) for rating the severity of crimes based on sociological surveys is effective and sufficient.

Suggested Citation

  • Kalyagin Grigory, 2023. "Estimation of social damage from crimes and proportionality of punishment to damage: The Law and Economics approach," Working Papers 0042, Moscow State University, Faculty of Economics.
    • Handle: RePEc:upa:wpaper:0042
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    File URL: https://www.econ.msu.ru/sys/raw.php?o=94877&p=attachment
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    More about this item

    Keywords

    crime; severity of punishment; public damage; principle of proportionality; damage assessment;
    All these keywords.

    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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