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Comparative Criminal Law: An Economic Perspective

Author

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  • Ghasemi Mojtaba

    (Assistant Professor of Law and Economics at Shahid Beheshti University, Tehran, Iran)

Abstract

This paper develops an economic model to explain how societies make decisions about criminal law based on efficiency. The scope of criminal law depends on activities considered harmless or harmful. Besides different scope of criminal law, different societies can also have different punishments for certain kinds of crimes. This divergence stems from the relative importance of factors that societies consider in optimizing social loss from criminal activities. These factors are: the harmfulness of the crime, retributive or regretful emotions towards offenders or what is called “humanity of punishment” and the deterrent effect of certain punishments. Different attitudes towards these aspects lead to differences in criminal law. Once sources of divergence have been identified, the key question is who decides the above features? The answer depends crucially on the political constitution of the society. In authoritarian systems, the central planner formulates the criminal law; in democratic systems “public opinion” can have different degrees of influence. The most common style in forming criminal justice policies in advanced democracies is “insulated delegation” or “professionalization of punishment,” in the hands of the academic elite.

Suggested Citation

  • Ghasemi Mojtaba, 2016. "Comparative Criminal Law: An Economic Perspective," Asian Journal of Law and Economics, De Gruyter, vol. 7(2), pages 249-278, August.
    • Handle: RePEc:bpj:ajlecn:v:7:y:2016:i:2:p:249-278:n:1
    DOI: 10.1515/ajle-2015-0016
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    References listed on IDEAS

    as
    1. Gary S. Becker, 1974. "Crime and Punishment: An Economic Approach," NBER Chapters, in: Essays in the Economics of Crime and Punishment, pages 1-54, National Bureau of Economic Research, Inc.
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    More about this item

    Keywords

    comparative criminal law; efficiency; political constitution;
    All these keywords.

    JEL classification:

    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • N40 - Economic History - - Government, War, Law, International Relations, and Regulation - - - General, International, or Comparative

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