Question

In: Operations Management

Briefly explain from an economic perspective the purpose of criminal law and provide two reasons why...

Briefly explain from an economic perspective the purpose of criminal law and provide two reasons why tort law on its own is inadequate in achieving this purpose.

Solutions

Expert Solution

Criminal law economic perspective

  • Equitable economic development, and, sustainable poverty reduction depends on the foundation of the rule of law
  • (Likelihood of punishment * quantity of punishment) > Gain offered by the specific criminal act
  • State inflicts stigma on defendant
  • Infllicts suffering on defendant
  • Is a deterrence for future crimes, and, reinforces social norms

Tort law is inadequate in achieving this purpose

  • No regulations designed to reduce external cost
  • Plaintiff obtains damages as compensation
  • Deterrence not as much as in case of criminal law

Criminal Law vs. Tort Law


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