Document Type
Book Chapter
Publication Date
2012
Editor(s)
Alon Harel and Keith N. Hylton
ISBN
978 1 78195 309
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.
Recommended Citation
Keith N. Hylton,
Some Notes on Property Rules, Liability Rules, and Criminal Law
,
in
Research Handbook on the Economics of Criminal Law
67
(Alon Harel and Keith N. Hylton ed.,
2012).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/186
