Document Type
Working Paper
Publication Date
1-2005
Publisher
Boston University School of Law
Language
en-US
Abstract
This paper presents a model of penalties that reconciles the conflicting accounts optimal punishment by Becker, who argued penalties should internalize social costs, and Posner, who suggested penalties should completely deter offenses. The model delivers specific recommendations as to when penalties should be set to internalize social costs and when they should be set to completely deter offensive conduct. I use the model to generate a positive account of the function and scope of criminal law doctrines, such as intent, necessity, and rules governing the distinction between torts and crimes. The model is also consistent with the history of criminal penalties set out by Adam Smith.
Recommended Citation
Keith Hylton,
The Theory of Penalties and the Economics of Criminal Law,
No. 02-17
Boston University School of Law, Law and Economics Research Paper
(2005).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/910
SSRN URL
https://ssrn.com/abstract=337460
Comments
Published as: "The Theory of Penalties and the Economics of Criminal Law," 1 Review of Law and Economics 175 (2005).