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Economics of Criminal Law
The volume presents the seminal articles in the economic analysis of the criminal law. The articles include the path-breaking theoretical economic analyses of criminal behavior and the leading empirical tests of these theories. The volume also contains the most prominent economic analyses of the substantive doctrines of criminal law and criminal procedure. Other articles present influential applications of economic concepts and evidence to perennial issues in criminal law and criminal justice, such as gun control, drug prohibition, and sentencing policy
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Critical Acclaim
Contributors
Contents
More Information
The volume presents the seminal articles in the economic analysis of the criminal law. The articles include the path-breaking theoretical economic analyses of criminal behavior and the leading empirical tests of these theories. The volume also contains the most prominent economic analyses of the substantive doctrines of criminal law and criminal procedure. Other articles present influential applications of economic concepts and evidence to perennial issues in criminal law and criminal justice, such as gun control, drug prohibition, and sentencing policy. An introduction by the volume editors provides a comprehensive overview of the works included. Economics of Criminal Law will be an essential source of reference for scholars, graduate students in both law and in economics, and practitioners.
Critical Acclaim
‘This volume brings together some of the most influential articles in the field of law and economics. Together the chapters illustrate how economic theory and rigorous empirical analysis can shed light on some of the most important issues in social science and public policy – namely, under what circumstances individuals break the law and how sanctions can be structured to most effectively prevent such behavior. This book will be an excellent resource for graduate students and researchers not only in economics, but in other social sciences as well.’
– Brian A. Jacob, Harvard University, US
‘This is a superb collection of one of the most important literatures in law and economics. The editors, two of the most productive and gifted scholars in this area, not only show the important historical evolution of the theoretical issues stemming from the seminal article by Gary Becker, but they also give a survey of the leading empirical works on the most salient issues in criminal justice. The editors’ introduction is a deft summary of one of the most significant contributions that economic analysis has made to the study of law.’
– Thomas S. Ulen, University of Illinois, Urbana-Champaign, US
– Brian A. Jacob, Harvard University, US
‘This is a superb collection of one of the most important literatures in law and economics. The editors, two of the most productive and gifted scholars in this area, not only show the important historical evolution of the theoretical issues stemming from the seminal article by Gary Becker, but they also give a survey of the leading empirical works on the most salient issues in criminal justice. The editors’ introduction is a deft summary of one of the most significant contributions that economic analysis has made to the study of law.’
– Thomas S. Ulen, University of Illinois, Urbana-Champaign, US
Contributors
19 articles, dating from 1968 to 2006
Contributors include: I. Ayres, G.S. Becker, J.J. Donohue, F. Easterbrook, E.L. Glaeser, W.M. Landes, A.M. Polinsky, R.A. Posner, S. Shavell, G. Stigler
Contributors include: I. Ayres, G.S. Becker, J.J. Donohue, F. Easterbrook, E.L. Glaeser, W.M. Landes, A.M. Polinsky, R.A. Posner, S. Shavell, G. Stigler
Contents
Contents:
Acknowledgements
Introduction Steven D. Levitt and Thomas J. Miles
PART I ECONOMIC APPROACH TO CRIME AND CRIMINAL LAW
1. Gary S. Becker (1968), ‘Crime and Punishment: An Economic Approach’
2. George J. Stigler (1970), ‘The Optimum Enforcement of Laws’
3. A. Mitchell Polinsky and Steven Shavell (1975), ‘The Optimal Tradeoff between the Probability and Magnitude of Fines’
4. Dan M. Kahan (1996), ‘What Do Alternative Sanctions Mean?’
5. Richard A. Posner (1985), ‘An Economic Theory of the Criminal Law’
6. Steven Shavell (1985), ‘Criminal Law and the Optimal Use of Nonmonetary Sanctions as a Deterrent’
7. William M. Landes and Richard A. Posner (1975), ‘The Private Enforcement of Law’
8. Frank H. Easterbrook (1983), ‘Criminal Procedure as a Market System’
PART II EMPIRICAL EVALUATION OF THE ECONOMIC APPROACH
9. Franklin M. Fisher and Daniel Nagin (1978), ‘On the Feasibility of Identifying the Crime Function in a Simultaneous Model of Crime Rates and Sanction Levels’
10. Steven D. Levitt (1996), ‘The Effect of Prison Population Size on Crime Rates: Evidence from Prison Overcrowding Litigation’
11. Daniel Kessler and Steven D. Levitt (1999), ‘Using Sentence Enhancements to Distinguish Between Deterrence and Incapacitation’
12. Edward L. Glaeser, Bruce Sacerdote and José A. Scheinkman (1996), ‘Crime and Social Interactions’
PART III ISSUES IN CRIMINAL LAW AND CRIMINAL JUSTICE
A Gun Control
13. Philip J. Cook and Jens Ludwig (2003), ‘The Effects of the Brady Act on Gun Violence’
14. Ian Ayres and John J. Donohue III (1999), ‘Nondiscretionary Concealed Weapons Laws: A Case Study of Statistics, Standards of Proof, and Public Policy’
B Capital Punishment
15. John J. Donohue and Justin Wolfers (2005), ‘Uses and Abuses of Empirical Data in the Death Penalty Debate’
C Drug Prohibition
16. Jeffrey A. Miron and Jeffrey Zwiebel (1995), ‘The Economic Case Against Drug Prohibition’
17. Gary S. Becker, Kevin M. Murphy and Michael Grossman (2006), ‘The Market for Illegal Goods: The Case of Drugs’
D Sentencing Policy
18. James M. Anderson, Jeffrey R. Kling and Kate Stith (1999), ‘Measuring Interjudge Sentencing Disparity: Before and After the Federal Sentencing Guidelines’
E Legalized Abortion and Crime
19. John J. Donohue III and Steven D. Levitt (2001), ‘The Impact of Legalized Abortion on Crime’
Name Index
Acknowledgements
Introduction Steven D. Levitt and Thomas J. Miles
PART I ECONOMIC APPROACH TO CRIME AND CRIMINAL LAW
1. Gary S. Becker (1968), ‘Crime and Punishment: An Economic Approach’
2. George J. Stigler (1970), ‘The Optimum Enforcement of Laws’
3. A. Mitchell Polinsky and Steven Shavell (1975), ‘The Optimal Tradeoff between the Probability and Magnitude of Fines’
4. Dan M. Kahan (1996), ‘What Do Alternative Sanctions Mean?’
5. Richard A. Posner (1985), ‘An Economic Theory of the Criminal Law’
6. Steven Shavell (1985), ‘Criminal Law and the Optimal Use of Nonmonetary Sanctions as a Deterrent’
7. William M. Landes and Richard A. Posner (1975), ‘The Private Enforcement of Law’
8. Frank H. Easterbrook (1983), ‘Criminal Procedure as a Market System’
PART II EMPIRICAL EVALUATION OF THE ECONOMIC APPROACH
9. Franklin M. Fisher and Daniel Nagin (1978), ‘On the Feasibility of Identifying the Crime Function in a Simultaneous Model of Crime Rates and Sanction Levels’
10. Steven D. Levitt (1996), ‘The Effect of Prison Population Size on Crime Rates: Evidence from Prison Overcrowding Litigation’
11. Daniel Kessler and Steven D. Levitt (1999), ‘Using Sentence Enhancements to Distinguish Between Deterrence and Incapacitation’
12. Edward L. Glaeser, Bruce Sacerdote and José A. Scheinkman (1996), ‘Crime and Social Interactions’
PART III ISSUES IN CRIMINAL LAW AND CRIMINAL JUSTICE
A Gun Control
13. Philip J. Cook and Jens Ludwig (2003), ‘The Effects of the Brady Act on Gun Violence’
14. Ian Ayres and John J. Donohue III (1999), ‘Nondiscretionary Concealed Weapons Laws: A Case Study of Statistics, Standards of Proof, and Public Policy’
B Capital Punishment
15. John J. Donohue and Justin Wolfers (2005), ‘Uses and Abuses of Empirical Data in the Death Penalty Debate’
C Drug Prohibition
16. Jeffrey A. Miron and Jeffrey Zwiebel (1995), ‘The Economic Case Against Drug Prohibition’
17. Gary S. Becker, Kevin M. Murphy and Michael Grossman (2006), ‘The Market for Illegal Goods: The Case of Drugs’
D Sentencing Policy
18. James M. Anderson, Jeffrey R. Kling and Kate Stith (1999), ‘Measuring Interjudge Sentencing Disparity: Before and After the Federal Sentencing Guidelines’
E Legalized Abortion and Crime
19. John J. Donohue III and Steven D. Levitt (2001), ‘The Impact of Legalized Abortion on Crime’
Name Index