Social Norms and Legal Design
We
compare fault-based and strict liability offences in law enforcement when
behavior is influenced by informal prosocial norms of conduct. Fault tends to
be more effective than strict liability in harnessing social or self-image
concerns. When enforcement relies on fines and assessing fault is not too
costly, the optimal legal regime is fault-based with a standard consistent with
the underlying social norm if convictions would seldom occur under optimal
enforcement; otherwise liability should be strict. When sanctions are
nonmonetary or when stigmatization imposes a deadweight loss, the legal
standard may be harsher or more lenient than the social norm.
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