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A Fundamental Enforcement Cost Advantage of the Negligence Rule over Regulation

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  • Steven Shavell

Abstract

Regulation and the negligence rule are both designed to obtain compliance with desired standards of behavior, but they differ in a primary respect: compliance with regulation is ordinarily assessed independently of the occurrence of harm, whereas compliance with the negligence rule is evaluated only if harm occurs. It is shown in a stylized model that because the use of the negligence rule is triggered by harm, the rule enjoys an intrinsic enforcement cost advantage over regulation. Moreover, this cost advantage suggests that the examination of behavior under the negligence rule should often be more detailed than under regulation--as it frequently is in fact.

Suggested Citation

  • Steven Shavell, 2013. "A Fundamental Enforcement Cost Advantage of the Negligence Rule over Regulation," The Journal of Legal Studies, University of Chicago Press, vol. 42(2), pages 275-302.
    • Handle: RePEc:ucp:jlstud:doi:10.1086/673178
    DOI: 10.1086/673178
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    References listed on IDEAS

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    1. Kolstad, Charles D & Ulen, Thomas S & Johnson, Gary V, 1990. "Ex Post Liability for Harm vs. Ex Ante Safety Regulation: Substitutes or Complements?," American Economic Review, American Economic Association, vol. 80(4), pages 888-901, September.
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    Cited by:

    1. Florian Baumann & Tim Friehe & Pascal Langenbach, 2020. "Fines versus Damages: Experimental Evidence on Care Investments," Discussion Paper Series of the Max Planck Institute for Research on Collective Goods 2020_08, Max Planck Institute for Research on Collective Goods, revised Mar 2024.
    2. Dhammika Dharmapala & Nuno Garoupa & Richard H. McAdams, 2016. "Punitive Police? Agency Costs, Law Enforcement, and Criminal Procedure," The Journal of Legal Studies, University of Chicago Press, vol. 45(1), pages 105-141.
    3. Massimo D’Antoni & Avraham D Tabbach, 2019. "The Complementary Role of Liability and Safety Regulation," American Law and Economics Review, American Law and Economics Association, vol. 21(1), pages 150-183.
    4. Maciej H. Kotowski & David A. Weisbach & Richard J. Zeckhauser, 2014. "Rules and Standards When Compliance Costs Are Private Information," The Journal of Legal Studies, University of Chicago Press, vol. 43(S2), pages 297-329.
    5. Srivastava Astha & Srivastava Ankur, 2021. "Economic Analysis of Accident Law: A New Liability Rule that Induces Socially Optimal Behaviour in Case of Limited Information," Review of Law & Economics, De Gruyter, vol. 17(1), pages 119-131, March.
    6. Friehe, Tim & Tabbach, Avraham, 2018. "A comparison of simple action-based and outcome-based policies for emergency-like situations," Mathematical Social Sciences, Elsevier, vol. 92(C), pages 22-34.

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