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The Paradox of Punishment - Reflections on the Economics of Criminal Justice (Paperback, 1st ed. 2019)
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The Paradox of Punishment - Reflections on the Economics of Criminal Justice (Paperback, 1st ed. 2019)
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This book explores the insights that can be gained by looking at
the criminal justice system from an economic point of view. It
provides an economic analysis of the institutional structure and
function of the criminal justice system, how its policies are
formulated, and how they affect behavior. Yet it goes beyond an
examination of specific policies to address the broad question of
how law influences behavior. For example, it examines how concepts
such as the possibility of redemption affect the decisions of
repeat offenders, and whether individual responsibility is (or
should be) a pre-requisite for punishment. Finally, the book argues
that, in addition to the threat of criminal sanctions, law
inculcates principles of acceptable behavior among citizens by
asserting that certain acts are "against the law." This "expressive
function" of law can influence behavior to the extent that at least
some people in society are receptive to such a message. For these
people, the moral content of law has more than mere symbolic value,
and consequently, it can expand the scope of traditional law
enforcement while lowering its cost. Another goal of the book is
therefore to use economic theory to assess this dualistic function
of law by specifically recognizing how its policies can both
internalize an ethic of obedience to the law among some people
irrespective of its consequences, while simultaneously threatening
to punish those who only respond to external incentives.
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