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The limits of laws: traffic law enforcement in South Africa

Author

Listed:
  • Sophia du Plessis

    (Department of Economics, Stellenbosch University)

  • Ada Jansen

    (Department of Economics, Stellenbosch University)

  • Krige Siebrits

    (Department of Economics, Stellenbosch University)

Abstract

The aim of many public policies is to change behaviour. Governments tend to rely on regulations, taxes and subsidies to effect such change. These measures, which affect agents' economic incentives, have a mixed record. A key insight of the New Institutional Economics is that the efficacy of such formal institutions depends on the strength of their enforcement and the extent to which they are compatible with prevailing informal institutions. This paper uses the road safety situation in South Africa as a case study to explore aspects of the relationships among formal institutions, law enforcement and informal institutions. South Africa has a strong suite of road safety laws but poor road safety outcomes. The paper argues that improved law enforcement cannot fully solve the problem; complementary changes to the informal institutions shaping the behaviour of road-users are essential. It points out that institutional economists have to take a greater interest in the insights of research in behavioural economics, behavioural and cognitive science and other disciplines in order to provide useful advice in settings where such change is an important policy objective.

Suggested Citation

  • Sophia du Plessis & Ada Jansen & Krige Siebrits, 2019. "The limits of laws: traffic law enforcement in South Africa," Working Papers 08/2019, Stellenbosch University, Department of Economics, revised 2019.
    • Handle: RePEc:sza:wpaper:wpapers322
    as

    Download full text from publisher

    File URL: https://www.ekon.sun.ac.za/wpapers/2019/wp082019/wp082019.2.pdf
    File Function: Revised version (version 2), 2019
    Download Restriction: no
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    References listed on IDEAS

    as
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    4. 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.
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    Full references (including those not matched with items on IDEAS)

    Citations

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    Cited by:

    1. Jason Bantjes & Sophia du Plessis & Ada Jansen & Krige Siebrits, 2021. "Better enforcement is essential, but may be inadequate: Findings of a survey on the factors affecting payment of speeding fines in Cape Town, South Africa," Working Papers 03/2021, Stellenbosch University, Department of Economics.
    2. Liliana de Abreu & Anke Hoeffler, 2020. "Safer Spaces: The impact of a reduction in road fatalities on the life expectancy of South Africans," Working Papers 18/2020, Stellenbosch University, Department of Economics.
    3. Sophia du Plessis & Bjoern Hartig & Ada Jansen & Krige Siebrits, 2019. "Improving payment of traffic fines with financial incentives: Discounts versus penalties," Working Papers 18/2019, Stellenbosch University, Department of Economics.

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    More about this item

    Keywords

    Traffic laws; formal institutions; law enforcement; informal institutions; South Africa;
    All these keywords.

    JEL classification:

    • B52 - Schools of Economic Thought and Methodology - - Current Heterodox Approaches - - - Historical; Institutional; Evolutionary; Modern Monetary Theory;
    • D02 - Microeconomics - - General - - - Institutions: Design, Formation, Operations, and Impact
    • D04 - Microeconomics - - General - - - Microeconomic Policy: Formulation; Implementation; Evaluation
    • D73 - Microeconomics - - Analysis of Collective Decision-Making - - - Bureaucracy; Administrative Processes in Public Organizations; Corruption
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law
    • L91 - Industrial Organization - - Industry Studies: Transportation and Utilities - - - Transportation: General
    • L98 - Industrial Organization - - Industry Studies: Transportation and Utilities - - - Government Policy

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