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Welfare v. Consent: On the Optimal Penalty for Harassment

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Listed:
  • Ratul Das Chaudhury
  • Birendra Rai
  • Liang Choon Wang
  • Dyuti Banerjee

Abstract

The economic approach to determine optimal legal policies involves maximizing a social welfare function. We propose an alternative: a consent-approach that seeks to promote consensual interactions and deter non-consensual interactions. The consent-approach does not rest upon inter-personal utility comparisons or value judgments about preferences. It does not require any additional information relative to the welfare-approach. We highlight the contrast between the welfare-approach and the consent-approach using a stylized model inspired by seminal cases of harassment and the #MeToo movement. The social welfare maximizing penalty for harassment in our model can be zero under the welfare-approach but not under the consent-approach.

Suggested Citation

  • Ratul Das Chaudhury & Birendra Rai & Liang Choon Wang & Dyuti Banerjee, 2021. "Welfare v. Consent: On the Optimal Penalty for Harassment," Papers 2103.00734, arXiv.org, revised Apr 2023.
    • Handle: RePEc:arx:papers:2103.00734
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    References listed on IDEAS

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    1. Steven Shavell & A. Mitchell Polinsky, 2000. "The Economic Theory of Public Enforcement of Law," Journal of Economic Literature, American Economic Association, vol. 38(1), pages 45-76, March.
    2. Ing-Haw Cheng & Alice Hsiaw, 2022. "Reporting Sexual Misconduct in the #MeToo Era," American Economic Journal: Microeconomics, American Economic Association, vol. 14(4), pages 761-803, November.
    3. Alain Marciano & Giovanni Battista Ramello, 2018. "Calabresi: Heterodox Economic Analysis of Law," Post-Print hal-02306824, HAL.
    4. 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.
    5. Sen, Amartya, 1970. "Interpersonal Aggregation and Partial Comparability," Econometrica, Econometric Society, vol. 38(3), pages 393-409, May.
    6. George J. Stigler, 1974. "The Optimum Enforcement of Laws," NBER Chapters, in: Essays in the Economics of Crime and Punishment, pages 55-67, National Bureau of Economic Research, Inc.
    7. Kaushik Basu, 2003. "The Economics and Law of Sexual Harassment in the Workplace," Journal of Economic Perspectives, American Economic Association, vol. 17(3), pages 141-157, Summer.
    8. Foster, James & Greer, Joel & Thorbecke, Erik, 1984. "A Class of Decomposable Poverty Measures," Econometrica, Econometric Society, vol. 52(3), pages 761-766, May.
    9. Bentham, Jeremy, 1781. "An Introduction to the Principles of Morals and Legislation," History of Economic Thought Books, McMaster University Archive for the History of Economic Thought, number bentham1781.
    10. Frances Xu Lee & Wing Suen, 2020. "Credibility of Crime Allegations," American Economic Journal: Microeconomics, American Economic Association, vol. 12(1), pages 220-259, February.
    11. Lewin, Jeff L. & Trumbull, William N., 1990. "The social value of crime?," International Review of Law and Economics, Elsevier, vol. 10(3), pages 271-284, December.
    12. Claude D'Aspremont & Louis Gevers, 1977. "Equity and the Informational Basis of Collective Choice," The Review of Economic Studies, Review of Economic Studies Ltd, vol. 44(2), pages 199-209.
    13. Eric Maskin, 1978. "A Theorem on Utilitarianism," The Review of Economic Studies, Review of Economic Studies Ltd, vol. 45(1), pages 93-96.
    14. Joni Hersch, 2011. "Compensating Differentials for Sexual Harassment," American Economic Review, American Economic Association, vol. 101(3), pages 630-634, May.
    15. Stigler, George J & Becker, Gary S, 1977. "De Gustibus Non Est Disputandum," American Economic Review, American Economic Association, vol. 67(2), pages 76-90, March.
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