The State’s Enforcement Monopoly and the Private Protection of Property
نویسندگان
چکیده
The modern state has monopolized the legitimate use of force. This concept is twofold. First, the state is empowered with enforcement rights; second, the rights of the individuals are (partly) restricted. In a simple model of property rights with appropriation and defense activity, we show that a restriction of private enforcement is beneficial for the property owner, even if there are no economies of scale from public protection. We emphasize the role of the state as a commitment device for a certain level of enforcement. However, commitment will only work if the state can regulate private protection. A ban of private enforcement measures can even be beneficial in situations where there would be no private enforcement at first place because the “shadow” of defense has a negative impact on the investments in property rights infringements. From a legal perspective, our approach emphasizes a regulation of victim behavior as opposed to the standard approach which focuses on the regulation of criminal behavior.
منابع مشابه
Protection of Business and Production of Private Sector in Enforcement Proceedings
Forced enforcement of judicial decisions such as seizure causes difficulties in the production cycle. There are no restrictions on the seizure in the enforcement of sentences against production centers, including legal entities, and the determination of the type of property for seizure is belonged to winner and in contrast to the real persons, the rule of "immunity" is not identified for them. ...
متن کاملNecessity of Criminal Protection of Intellectual Property Rights with a View to its Moral Basis
Background: For several centuries, there has been a debate about the dimensions of intellectual property to support the thinkers of society and prevent their exploitation. Unfortunately, this invisible and powerful asset is increasingly vulnerable. Therefore, establishing favorable regulations, guaranteeing proper criminal enforcement and effective enforcement of laws in order to protect these ...
متن کاملGovernance and growth
Because of its inappropriability, protection of property rights is widely recognized as being the state’s responsibility. Moreover, recent empirical evidence suggests that it leads to higher investment levels and faster growth. Nevertheless, the extent of property rights protection differs significantly across countries. This paper endogenizes the emergence of property rights within a simple gr...
متن کاملThe examination of intellectual right of medicinal plants and the issue of bio-theft due to agreement of TRIPS
Over the past two decades, the role of intellectual property rights in all areas of science and technology has exploded globally– primarily due to the rules prescribed by the World Trade Organization’s TRIPS and by bilateral/regional trade agreements. The TRIPS agreement obligates all WTO member countries to adopt and enforce minimum standards of intellectual property rights. The TRIPS agreemen...
متن کاملLegal Regulation of Administrative Monopoly As Viewed from Chinese Antimonopoly Law
The administrative monopoly breaks the principle of justice, and has large harm to the society. The special chapter in Chinese Antimonopoly Law regulates the contents and corresponding legal responsibilities of administrative monopoly, but the law still has some deficiencies. The Chinese Antimonopoly Law should be perfected from increasing the operation property, confirming the comprehensive le...
متن کامل