Economic Theory of Criminal Law

ECONOMIC ANALYSIS OF PUBLIC LAW ENFORCEMENT AND CRIMINAL LAW Steven

This paper contains the chapters on public enforcement of law and on criminal law from a general, forthcoming book, Foundations of Economic Analysis of Law (Harvard University Press, 2003). By public law enforcement is meant the use of public law enforcement agents -such as police, tax inspectors, regulatory personnel -to enforce legal rules. A number of important dimensions of public law enfor...

The Theory of Value Dilemma: A Critique of the Economic Analysis of Criminal Law

Criminal law can justly lay claim to being the native domain of law and economics. From Bentham to Becker, no area of law has been more brightly illuminated by the radiance of economic logic. Not coincidentally, in no other area of the law has the conflict between economics and ordinary moral sensibilities been perceived to be so sharp. When we are deciding how to apportion punishment, our inst...

Weak-Minded Responsibility in Iranian Criminal Law and Egyptian Law

In Iran's criminal law, humans are not only divided into wise or insane they are also persons who, on the one hand, do not fall under Article 149 of the Islamic Penal Code in the definition of insane persons and on the other hand, they are not wise, the rational age of these people is lower than their child's physical age that Affected by mental disorder and mental retardation. Article 91 of th...

Criminal Law: Federal Criminal Code Section

SECTION 1001 of the Criminal Code provides criminal sanctions against persons who deal fraudulently with government agencies.1 Although the origin of the statute dates from 1863,2 only recently have Government attorneys made frequent use of its provisions. In United States v. Diogo, the Court of Appeals for the Second Circuit supplemented the increasing body of judicial interpretation of sectio...

Determinism and Criminal Law