Publication Date:
2020
Short description:
Deterrence of Wrongdoing in Ancient Law / Luppi, B., Fargnoli, I., Parisi, F., Pi, D. - In: Roman Law and Economics: Volume II: Exchange, Ownership, and Disputes / [a cura di] GIUSEPPE Dari Mattiacci;
DENNIS P. KEHOE. - [s.l], 2020. - ISBN 9780191829291. - pp. 347-379 [10.1093/oso/9780198787211.003.0022]
abstract:
Ancient laws addressed all types of wrongdoing with a single set of remedies
that over
time pursued a changing mix of retaliat
ory, punitive and compensatory
objectives. In this paper, we consider the historical transition from retaliatory to punitive
justice, and the subsequent transition from punit
ive to compensatory justice. This
paper
shows how the optimal level of enforcement
varies under the three corrective regimes.
Crimes that create a larger net social loss require lower levels of enforcement under
retaliatory regimes. The optimal level of enforcement is instead independent of the
degree of inefficiency of the crime when p
unitive and compensatory remedies are
utilized. The paper
provides sev
that over
time pursued a changing mix of retaliat
ory, punitive and compensatory
objectives. In this paper, we consider the historical transition from retaliatory to punitive
justice, and the subsequent transition from punit
ive to compensatory justice. This
paper
shows how the optimal level of enforcement
varies under the three corrective regimes.
Crimes that create a larger net social loss require lower levels of enforcement under
retaliatory regimes. The optimal level of enforcement is instead independent of the
degree of inefficiency of the crime when p
unitive and compensatory remedies are
utilized. The paper
provides sev
Iris type:
Capitolo/Saggio
List of contributors:
Luppi, Barbara; Fargnoli, Iole; Parisi, Francesco; Pi, Daniel
Book title:
Roman Law and Economics: Volume II: Exchange, Ownership, and Disputes