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Paying the Price for Being Caught: The Economics of Manifest and Non-Manifest Theft in Roman Law

Author

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  • Garoupa Nuno

    (University of Illinois College of Law, IMDEA & CEPR)

  • Gomez Fernando

    (Universitat Pompeu Fabra)

Abstract

In Roman law, manifest theft (essentially, one in which a thief was caught in the act) was punished with a more severe penalty than non-manifest theft. This legal policy seems to contradict the economic theory of efficient deterrence. In this paper, we try to explore how economic analysis of criminal law and law enforcement points to several efficiency-based arguments to understand the puzzle, and allows us to tentatively conclude that technological changes in law enforcement in the broad sense might have been the major factor in the disappearance of the rule in modern legal systems.

Suggested Citation

  • Garoupa Nuno & Gomez Fernando, 2008. "Paying the Price for Being Caught: The Economics of Manifest and Non-Manifest Theft in Roman Law," Review of Law & Economics, De Gruyter, vol. 4(1), pages 1-23, February.
    • Handle: RePEc:bpj:rlecon:v:4:y:2008:i:1:n:1
    DOI: 10.2202/1555-5879.1220
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