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How acceptable is optimal deterrence?

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  • Kłusek, Michał

Abstract

The article examines the social acceptability of optimal deterrence policies. While there is considerable research on intuitions regarding punishment and the counter-intuitive nature of economic reasoning, the problem of whether decisions based on optimal deterrence are acceptable remains inadequately researched. Two studies examined how acceptance rates vary for different decisions implementing optimal deterrence theory. They demonstrate that (1) policies increasing punishment severity are more acceptable than those decreasing it; (2) changes at the level of penal policy are more acceptable than individual court rulings; (3) acceptance rates decrease as the magnitude of change increases; (4) strict adherence to optimal deterrence theory’s recommendations does not significantly affect the acceptability of the decisions. In addition, no optimal deterrence policies were accepted, on average, or by the majority of participants.

Suggested Citation

  • Kłusek, Michał, 2024. "How acceptable is optimal deterrence?," International Review of Law and Economics, Elsevier, vol. 78(C).
    • Handle: RePEc:eee:irlaec:v:78:y:2024:i:c:s0144818824000140
    DOI: 10.1016/j.irle.2024.106194
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    References listed on IDEAS

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    1. Baron, Jonathan & Ritov, Ilana, 1993. "Intuitions about Penalties and Compensation in the Context of Tort Law," Journal of Risk and Uncertainty, Springer, vol. 7(1), pages 17-33, August.
    2. Gerd Gigerenzer & Christoph Engel (ed.), 2006. "Heuristics and the Law," MIT Press Books, The MIT Press, edition 1, volume 1, number 0262072750, December.
    3. Tess Wilkinson-Ryan & Jonathan Baron, 2008. "The Effect of Conflicting Moral and Legal Rules on Bargaining Behavior: The Case of No-Fault Divorce," The Journal of Legal Studies, University of Chicago Press, vol. 37(1), pages 315-338, January.
    4. Sunstein, Cass R & Schkade, David A & Kahneman, Daniel, 2000. "Do People Want Optimal Deterrence?," The Journal of Legal Studies, University of Chicago Press, vol. 29(1), pages 237-253, January.
    5. Kenworthey Bilz, 2016. "Testing the Expressive Theory of Punishment," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 13(2), pages 358-392, June.
    6. Tess Wilkinson‐Ryan & Jonathan Baron, 2009. "Moral Judgment and Moral Heuristics in Breach of Contract," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 6(2), pages 405-423, June.
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