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The Intrinsic Value of Obeying a Law: Economic Analysis of the Internal Viewpoint

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  • Cooter, Robert D

Abstract

Economic theory distinguishes sharply between what a person wants and what he can have. “Preferences” describe what a person wants, and “constraints” describe the limits of what he can have. The collision of preferences and constraints yields the choices that economists study. The meaning of both terms is broad and flexible. Preferences and constraints help to distinguish between the internal and external viewpoints that H. L. A. Hart made famous. The internal viewpoint concerns preferences to perform legal obligations. A person who prefers to obey a law is willing to give up something to perform his legal obligation. The preference is intrinsic, not an instrument for securing something else of value. Conversely, a person who is indifferent to a legal obligation takes a purely instrumental approach towards obedience—he obeys only when doing so secures something else of value. What explains the distribution of preferences among people to obey a law? I will sketch part of the answer that emerges from economic and psychological studies. Finding an answer is important because when laws are reasonably just and many citizens intrinsically prefer to obey them, government is easier, and life is better than when most citizens are indifferent towards obeying the law.

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  • Cooter, Robert D, 2006. "The Intrinsic Value of Obeying a Law: Economic Analysis of the Internal Viewpoint," Berkeley Olin Program in Law & Economics, Working Paper Series qt2kc0f6mq, Berkeley Olin Program in Law & Economics.
    • Handle: RePEc:cdl:oplwec:qt2kc0f6mq
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    Cited by:

    1. Ronconi, Lucas, 2019. "From Citizen's Rights to Civic Responsibilities," IZA Discussion Papers 12457, Institute of Labor Economics (IZA).
    2. Durante, Ruben & Guiso, Luigi & Gulino, Giorgio, 2021. "Asocial capital: Civic culture and social distancing during COVID-19," Journal of Public Economics, Elsevier, vol. 194(C).
    3. Panzone, Luca & Perino, Grischa & Swanson, Timothy & Leung, Denise, 2011. "Testing for the Best Instrument to Generate Sustainable Food Consumption," International Journal on Food System Dynamics, International Center for Management, Communication, and Research, vol. 2(3), pages 1-16, December.
    4. Stringham, Edward Peter, 2011. "Embracing morals in economics: The role of internal moral constraints in a market economy," Journal of Economic Behavior & Organization, Elsevier, vol. 78(1-2), pages 98-109, April.
    5. Mark D. White, 2018. "The neglected nuance of Beccaria’s theory of punishment," European Journal of Law and Economics, Springer, vol. 46(3), pages 315-329, December.
    6. Franke, Marcel, 2022. "Transfer in a conflict model as a reason for (unconditional) basic income," FRIBIS Discussion Paper Series 03-2022, University of Freiburg, Freiburg Institute for Basic Income Studies (FRIBIS).

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