Some Notes on Property Rules, Liability Rules, and Criminal Law

Author granted license

Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International

Document Type

Book Chapter

Publication Date

6-29-2012

Editor(s)

Alon Harel & Keith N. Hylton

ISBN

9780857930651

Publisher

Edward Elgar Publishing

Language

en-US

Abstract

The property-liability rules framework, which offers a robust positive theory of criminal law, has come under attack in recent years. One critique, which I label the Indifference Proposition, argues that property rules and liability rules are equivalent in low transaction cost settings. In this paper I examine the conditions under which the Indifference Proposition is valid. In several plausible low transaction-cost settings the proposition is not valid.

Additional Files
Some Notes on Property Rules, Liability Rules, and Criminal Law_WP.pdf (78 kB)
Working paper version.

This document is currently not available here.

Find on SSRN

Please note the file available on SSRN may not be the final published version of this work.

Link to Publisher Site Link to Publisher Site (BU Community Subscription)

Share

COinS