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Origins of the Economic Approach to Crime and Punishment

Author

Listed:
  • Conti Thomas Victor

    (507925 Institute of Public Law (IDP-SP), Insper Institute of Education and Research (Insper) , São Paulo, Brazil)

  • Justus Marcelo

    (CEA IE/Unicamp – Center for Applied Economics, Agricultural and Environmental Research, Institute of Economics, 28132 University of Campinas , Campinas, Brazil)

Abstract

The economic approach to crime and punishment began to be applied to a research program based on a rigorous and mathematically structured theoretical model by Becker (1968. “Crime and Punishment: An Economic Approach.” Journal of Political Economy 76 (2): 169–217) in his paper Crime and punishment: An economic approach. However, only brief mentions regarding the historical origins of the “economic” thought on crime and punishment can be found in the field’s pioneering modern texts. Thus, our main objective is to rebuild this history. In this paper, we do this by reviewing the thoughts of Adam Smith and Cesare Beccaria (1759–1776). In section one, we show how Smith’s position, despite being different from that of the utilitarian outlook, actually hides passages where the author comes very close to employing an economic rationale to reflect on criminality. In section two, we revisit Beccaria’s arguments and find surprising nuances and exceptions, even though he is a thinker explicitly recognized as influential by Becker and other authors linked to the Law and Economics movement. We conclude by highlighting key insights and looking for a broader history where the economic rationale on crimes and punishments can be traced back from centuries ago to modern times.

Suggested Citation

  • Conti Thomas Victor & Justus Marcelo, 2024. "Origins of the Economic Approach to Crime and Punishment," Review of Law & Economics, De Gruyter, vol. 20(2), pages 203-223.
    • Handle: RePEc:bpj:rlecon:v:20:y:2024:i:2:p:203-223:n:1003
    DOI: 10.1515/rle-2023-0091
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    Keywords

    Adam Smith; Cesare Beccaria; Gary Becker; crime; punishment;
    All these keywords.

    JEL classification:

    • B1 - Schools of Economic Thought and Methodology - - History of Economic Thought through 1925
    • B23 - Schools of Economic Thought and Methodology - - History of Economic Thought since 1925 - - - Econometrics; Quantitative and Mathematical Studies
    • K00 - Law and Economics - - General - - - General (including Data Sources and Description)

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