Institutional Impediments To Efficient Water Allocation

Current water institutions were developed for conditions of water penty rather than scarcity and are unable to allocate water resources efficiently under conditions such as those in the arid West. This paper reviews riparian, appropriation and correlative water law as well as existing admin- istrative rules governing water use in California and finds that all of these institutions violate norms of economic efficiency. The review suggests that decentralized water systems such as mutual irrigation companies with their appropriate laws are more flexible than centralized federal or state systems in promoting water movement to higher valued use. The paper concludes that institutional mechanisms which promote rather than inhibit water trades and transfers are more appropriate to arid areas and that these institutions will become increasingly popular as water becomes increasingly scarce.     

Cesare Beccaria: Utilitarian or retributivist?

Ever since Cesare Beccaria's On Crimes and Punishments first appeared in 1764, it has been common to regard its author as a theorist of criminal jurisprudence who stressed considerations of utility to the exclusion of considerations of justice. There is strong evidence for this view, and Beccaria was in many ways a forerunner of Bentham. There is, however, another side to Beccaria that has often been overlooked. In the way in which he established the right of the sovereign to punish and in his concern for the rights of the criminal (rights which no consideration of utility could override), Beccaria showed that he was much closer to the outlook commonly associated with Kant and Hegel than one would at first suspect. Though there were utilitarian aspects to his thought, Beccaria may be considered basically a retributivist who incorporated certain obvious, though by no means dominant, utilitarian themes into his work. In blending utilitarianism and retributivism, Beccaria was usually consistent, and he usually gave greater emphasis to the former.