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From Stick To Carrot: An Endowment Account Of Expressive Law, David E. Depianto
From Stick To Carrot: An Endowment Account Of Expressive Law, David E. Depianto
David E. DePianto
This paper extends the literature on expressive law by developing a model of compliance rooted in the endowment effect. The central premise of the model is that compliance with legal rules, while costly from an ex ante perspective, may also endow individuals with a stream of benefits whose ex post value will increase. Examples of compliance-related benefits would include reductions in risk to one’s own health and safety, enhanced reputation (as a law-abiding individual), and even tangible goods. Under this novel account, once an individual has complied with a law, received some associated benefits, and grown attached to such benefits …
The Hedonic Impact Of Stand-Alone Emotional Harms: An Analysis Of Survey Data, David E. Depianto
The Hedonic Impact Of Stand-Alone Emotional Harms: An Analysis Of Survey Data, David E. Depianto
David E. DePianto
This paper employs survey data on subjective well-being and a battery of self-assessed health measures to estimate the hedonic impact of emotional health, as decoupled from its physical counterpart. The disaggregation of global health into physical and emotional components is done with a parochial eye toward tort law, which has historically drawn a distinction between physical and emotional harms, limiting recovery on the latter — particularly “stand-alone” emotional harms —through various common law doctrines. The results of three sets of regression analyses suggest that a range of potentially inactionable emotional conditions, including emotional conditions with no concomitant physical manifestations, exert …