The fairness of sanctions: some implications for optimal enforcement policy |
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Authors: | Mitchell Polinsky, A Shavell, S |
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Affiliation: | Stanford Law School, 559 Nathan Abbott Way, Stanford, CA 94305, USA Fax: 650 723 3557 E-mail: polinsky@leland.stanford.edu z Harvard Law School, Cambridge, MA 02138, USA Fax: 617 496 2256 E-mail: shavell@law.harvard.edu |
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Abstract: | In this article we incorporate notions of the fairness of sanctionsinto the standard model of public enforcement. When both theprobability and magnitude of sanctions may be varied, the usualsolution involves a very high sanction and a relatively lowprobability of enforcement if individuals are risk neutral.When the issue of fairness is added to the analysis, the optimalsanction generally is not extremely high because such a sanctionwould be seen as unfair. The optimal probability of imposingsanctions may be higher than in the usual case (to offset thelower sanction) or lower than in the usual case (because thelower sanction reduces the effectiveness of enforcement). |
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