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The Law and Economics of Private Prosecutions in Industrial Revolution England

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  • Koyama, Mark

Abstract

Can the market provide law enforcement? This paper addresses this question by examining an historical case-study: the system of private prosecutions that prevailed in England prior to the introduction of the police. Using a model of the market for crime, I examine why this system came under strain during the Industrial Revolution, and how private associations were able to emerge to internalize the externalities that caused the private system to generate too little deterrence. The model and historical evidence suggest that these private order institutions were partially successful in meliorating the problem of crime in a period when Public Choice considerations precluded the introduction of a professional police force.

Suggested Citation

  • Koyama, Mark, 2012. "The Law and Economics of Private Prosecutions in Industrial Revolution England," MPRA Paper 40500, University Library of Munich, Germany.
    • Handle: RePEc:pra:mprapa:40500
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    File URL: https://mpra.ub.uni-muenchen.de/40500/1/MPRA_paper_40500.pdf
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    References listed on IDEAS

    as
    1. Douglas W. Allen & Yoram Barzel, 2011. "The Evolution of Criminal Law and Police during the Pre-modern Era," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 27(3), pages 540-567.
    2. Koyama, Mark, 2012. "The transformation of labor supply in the pre-industrial world," Journal of Economic Behavior & Organization, Elsevier, vol. 81(2), pages 505-523.
    3. A. Mitchell Polinsky & Steven Shavell (ed.), 2007. "Handbook of Law and Economics," Handbook of Law and Economics, Elsevier, edition 1, volume 2, number 2.
    4. Leeson Peter T. & Williamson Claudia R., 2009. "Anarchy and Development: An Application of the Theory of Second Best," The Law and Development Review, De Gruyter, vol. 2(1), pages 77-96, July.
    5. Polinsky, A. Mitchell & Shavell, Steven, 2007. "The Theory of Public Enforcement of Law," Handbook of Law and Economics, in: A. Mitchell Polinsky & Steven Shavell (ed.), Handbook of Law and Economics, edition 1, volume 1, chapter 6, pages 403-454, Elsevier.
    6. David Skarbek, 2010. "Putting the "Con" into Constitutions: The Economics of Prison Gangs," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 26(2), pages 183-211.
    7. 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.
    8. William M. Landes & Richard A. Posner, 1974. "The Private Enforcement of Law," NBER Working Papers 0062, National Bureau of Economic Research, Inc.
    9. Allen, Robert C., 2009. "Engels' pause: Technical change, capital accumulation, and inequality in the british industrial revolution," Explorations in Economic History, Elsevier, vol. 46(4), pages 418-435, October.
    10. Coase, R H, 1974. "The Lighthouse in Economics," Journal of Law and Economics, University of Chicago Press, vol. 17(2), pages 357-376, October.
    11. Vries,Jan de, 2008. "The Industrious Revolution," Cambridge Books, Cambridge University Press, number 9780521895026, September.
    12. Clay, Karen, 1997. "Trade without Law: Private-Order Institutions in Mexican California," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 13(1), pages 202-231, April.
    13. Gary S. Becker & William M. Landes, 1974. "Essays in the Economics of Crime and Punishment," NBER Books, National Bureau of Economic Research, Inc, number beck74-1.
    14. Peter T. Leeson, 2009. "The Laws of Lawlessness," The Journal of Legal Studies, University of Chicago Press, vol. 38(2), pages 471-503, June.
    15. Mokyr, Joel, 1988. "Is There Still Life in the Pessimist Case? Consumption during the Industrial Revolution, 1790—1850," The Journal of Economic History, Cambridge University Press, vol. 48(1), pages 69-92, March.
    16. Michihiro Kandori, 1992. "Social Norms and Community Enforcement," The Review of Economic Studies, Review of Economic Studies Ltd, vol. 59(1), pages 63-80.
    17. Mark Koyama, 2012. "Prosecution Associations in Industrial Revolution England: Private Providers of Public Goods?," The Journal of Legal Studies, University of Chicago Press, vol. 41(1), pages 95-130.
    18. Ekelund, Robert B. & Dorton, Cheryl, 2003. "Criminal justice institutions as a common pool: the 19th century analysis of Edwin Chadwick," Journal of Economic Behavior & Organization, Elsevier, vol. 50(3), pages 271-294, March.
    19. Skarbek, David, 2012. "Prison gangs, norms, and organizations," Journal of Economic Behavior & Organization, Elsevier, vol. 82(1), pages 96-109.
    20. Vries,Jan de, 2008. "The Industrious Revolution," Cambridge Books, Cambridge University Press, number 9780521719254, September.
    21. Gregory Clark, 2007. "The long march of history: Farm wages, population, and economic growth, England 1209–18691," Economic History Review, Economic History Society, vol. 60(1), pages 97-135, February.
    22. Leeson, Peter T., 2007. "Better off stateless: Somalia before and after government collapse," Journal of Comparative Economics, Elsevier, vol. 35(4), pages 689-710, December.
    23. Benson, Bruce L, 1994. "Are Public Goods Really Common Pools? Considerations of the Evolution of Policing and Highways in England," Economic Inquiry, Western Economic Association International, vol. 32(2), pages 249-271, April.
    24. Peter T. Leeson, 2008. "Social Distance and Self-Enforcing Exchange," The Journal of Legal Studies, University of Chicago Press, vol. 37(1), pages 161-188, January.
    25. A. Mitchell Polinsky & Steven Shavell (ed.), 2007. "Handbook of Law and Economics," Handbook of Law and Economics, Elsevier, edition 1, volume 1, number 1.
    26. Bernstein, Lisa, 1992. "Opting Out of the Legal System: Extralegal Contractual Relations in the Diamond Industry," The Journal of Legal Studies, University of Chicago Press, vol. 21(1), pages 115-157, January.
    27. Peter T. Leeson, 2007. "An-arrgh-chy: The Law and Economics of Pirate Organization," Journal of Political Economy, University of Chicago Press, vol. 115(6), pages 1049-1094, December.
    28. Friedman, David & Sjostrom, William, 1993. "Hanged for a Sheep--The Economics of Marginal Deterrence," The Journal of Legal Studies, University of Chicago Press, vol. 22(2), pages 345-366, June.
    29. David Friedman, 1999. "Why Not Hang Them All: The Virtues of Inefficient Punishment," Journal of Political Economy, University of Chicago Press, vol. 107(S6), pages 259-269, December.
    30. Edward Stringham & Todd Zywicki, 2011. "Rivalry and superior dispatch: an analysis of competing courts in medieval and early modern England," Public Choice, Springer, vol. 147(3), pages 497-524, June.
    31. Volckart, Oliver, 2004. "The economics of feuding in late medieval Germany," Explorations in Economic History, Elsevier, vol. 41(3), pages 282-299, July.
    32. Benjamin Powell & Edward Stringham, 2009. "Public choice and the economic analysis of anarchy: a survey," Public Choice, Springer, vol. 140(3), pages 503-538, September.
    33. Allen, Douglas W., 2011. "The Institutional Revolution," University of Chicago Press Economics Books, University of Chicago Press, number 9780226014746, December.
    34. Greif, Avner, 1993. "Contract Enforceability and Economic Institutions in Early Trade: the Maghribi Traders' Coalition," American Economic Review, American Economic Association, vol. 83(3), pages 525-548, June.
    35. Skarbek, David, 2011. "Governance and Prison Gangs," American Political Science Review, Cambridge University Press, vol. 105(4), pages 702-716, November.
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    More about this item

    Keywords

    Economics of Crime; Private Prosecutions; Club Goods; Deterrence; Free- Riding;
    All these keywords.

    JEL classification:

    • N13 - Economic History - - Macroeconomics and Monetary Economics; Industrial Structure; Growth; Fluctuations - - - Europe: Pre-1913
    • K00 - Law and Economics - - General - - - General (including Data Sources and Description)
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law
    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • N43 - Economic History - - Government, War, Law, International Relations, and Regulation - - - Europe: Pre-1913

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