{"title":"最佳威慑的可接受性有多大?","authors":"Michał Kłusek","doi":"10.1016/j.irle.2024.106194","DOIUrl":null,"url":null,"abstract":"<div><p>The article examines the social acceptability of optimal deterrence policies. While there is considerable research on intuitions regarding punishment and the counter-intuitive nature of economic reasoning, the problem of whether decisions based on optimal deterrence are acceptable remains inadequately researched. Two studies examined how acceptance rates vary for different decisions implementing optimal deterrence theory. They demonstrate that (1) policies increasing punishment severity are more acceptable than those decreasing it; (2) changes at the level of penal policy are more acceptable than individual court rulings; (3) acceptance rates decrease as the magnitude of change increases; (4) strict adherence to optimal deterrence theory’s recommendations does not significantly affect the acceptability of the decisions. In addition, no optimal deterrence policies were accepted, on average, or by the majority of participants.</p></div>","PeriodicalId":47202,"journal":{"name":"International Review of Law and Economics","volume":"78 ","pages":"Article 106194"},"PeriodicalIF":0.9000,"publicationDate":"2024-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"How acceptable is optimal deterrence?\",\"authors\":\"Michał Kłusek\",\"doi\":\"10.1016/j.irle.2024.106194\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<div><p>The article examines the social acceptability of optimal deterrence policies. While there is considerable research on intuitions regarding punishment and the counter-intuitive nature of economic reasoning, the problem of whether decisions based on optimal deterrence are acceptable remains inadequately researched. Two studies examined how acceptance rates vary for different decisions implementing optimal deterrence theory. They demonstrate that (1) policies increasing punishment severity are more acceptable than those decreasing it; (2) changes at the level of penal policy are more acceptable than individual court rulings; (3) acceptance rates decrease as the magnitude of change increases; (4) strict adherence to optimal deterrence theory’s recommendations does not significantly affect the acceptability of the decisions. In addition, no optimal deterrence policies were accepted, on average, or by the majority of participants.</p></div>\",\"PeriodicalId\":47202,\"journal\":{\"name\":\"International Review of Law and Economics\",\"volume\":\"78 \",\"pages\":\"Article 106194\"},\"PeriodicalIF\":0.9000,\"publicationDate\":\"2024-04-27\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"International Review of Law and Economics\",\"FirstCategoryId\":\"96\",\"ListUrlMain\":\"https://www.sciencedirect.com/science/article/pii/S0144818824000140\",\"RegionNum\":3,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"ECONOMICS\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Review of Law and Economics","FirstCategoryId":"96","ListUrlMain":"https://www.sciencedirect.com/science/article/pii/S0144818824000140","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"ECONOMICS","Score":null,"Total":0}
The article examines the social acceptability of optimal deterrence policies. While there is considerable research on intuitions regarding punishment and the counter-intuitive nature of economic reasoning, the problem of whether decisions based on optimal deterrence are acceptable remains inadequately researched. Two studies examined how acceptance rates vary for different decisions implementing optimal deterrence theory. They demonstrate that (1) policies increasing punishment severity are more acceptable than those decreasing it; (2) changes at the level of penal policy are more acceptable than individual court rulings; (3) acceptance rates decrease as the magnitude of change increases; (4) strict adherence to optimal deterrence theory’s recommendations does not significantly affect the acceptability of the decisions. In addition, no optimal deterrence policies were accepted, on average, or by the majority of participants.
期刊介绍:
The International Review of Law and Economics provides a forum for interdisciplinary research at the interface of law and economics. IRLE is international in scope and audience and particularly welcomes both theoretical and empirical papers on comparative law and economics, globalization and legal harmonization, and the endogenous emergence of legal institutions, in addition to more traditional legal topics.