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Full-Text Articles in Law
Should Courts Deduct Non-Legal Sanctions From Damages?, Robert D. Cooter, Ariel Porat
Should Courts Deduct Non-Legal Sanctions From Damages?, Robert D. Cooter, Ariel Porat
Robert Cooter
When legal and social norms regulate the same behavior, an act can trigger both legal and non-legal sanctions. Should courts deduct the non-legal sanction suffered by the wrongdoer from damages owed to the victim? We provide the answer for a legal system that seeks to minimize social costs. Non-legal sanctions typically harm the wrongdoer and benefit other people. In principle, courts should avoid over-deterring wrongdoers by deducting the benefit of the non-legal sanction from compensatory damages. In practice, instead of deducting the benefit of the non-legal sanction to other people, courts should deduct the burden on the wrongdoer. Deducting the …
The Virtuous Circle Of Distrust: A Mechanism To Deter Bribes And Other Cooperative Crimes , Robert D. Cooter, Nuno Garupa
The Virtuous Circle Of Distrust: A Mechanism To Deter Bribes And Other Cooperative Crimes , Robert D. Cooter, Nuno Garupa
Robert Cooter
No abstract provided.
Optimal Number Of Governments, Robert D. Cooter
Fairness, Character, And Efficiency In Firms , Robert D. Cooter, Melvin A. Eisenberg
Fairness, Character, And Efficiency In Firms , Robert D. Cooter, Melvin A. Eisenberg
Robert Cooter
No abstract provided.
Three Effects Of Social Norms On Law: Expression, Deterrence, And Internalization, Robert D. Cooter
Three Effects Of Social Norms On Law: Expression, Deterrence, And Internalization, Robert D. Cooter
Robert Cooter
No abstract provided.
Three Effects Of Social Norms On Law: Expression, Deterrence, And Internalization, Robert D. Cooter
Three Effects Of Social Norms On Law: Expression, Deterrence, And Internalization, Robert D. Cooter
Robert Cooter
State organizations suffer from agency problems that preclude effective motivation of people by formal means alone. Social norms contribute to the effectiveness of state law. Aligning law with morality creates power synergies. I analysis three of them: expression (coordination by law and morality), justification (intrinsic motivation to do what is right) , and sanctions (material costs of wrongdoing).
Does Risk To Oneself Increase The Care Owed To Others? Law And Economics In Conflict, Robert D. Cooter, Ariel Porat
Does Risk To Oneself Increase The Care Owed To Others? Law And Economics In Conflict, Robert D. Cooter, Ariel Porat
Robert Cooter
As applied by courts, the Hand Rule balances the injurer's burden of precaution and the victims' reduction in risk. In this application, risk to oneself does not increase the duty owed to others. Economists, however, use the Hand Rule to minimize social costs, which requires balancing the burden of precaution against the reduction in risk to everyone. For economists, risk to oneself counts in determining the duty owed to others. In cases where precaution reduces joint risk (risk to oneself and others), the usual legal interpretation underestimates the reduction in risk relative to the economic interpretation, often by 50%. The …