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Academic
: The Faculty LoungeProcrastination and the Law
By Laura Appleman
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I keep a file of criminal law & procedure articles I wish I'd written. Today brings another one to add to the pile, written by Manuel Utset and wonderfully entitled Procrastination and the Law:
There is a large literature in behavioral economics finding that people
routinely override their long-term preferences due to the pull of
immediate gratification. With this in mind, this paper develops a
simple model of repeated procrastination that can be used to examine
the efficacy of legal rules. Among other things, the model leads to the
following counter-intuitive result: a person who from a long-term
perspective believes that violating the law is economically worthwhile,
may nonetheless repeatedly procrastinate following through with the
planned misconduct. This sort of "time-inconsistent obedience" helps
explain an important puzzle in the criminal law literature: the fact
that people routinely obey the law even though the expected benefits of
disobedience greatly exceed the expected sanctions. The phenomenon of
time-inconsistent obedience has implications beyond the problem of
unintended over-deterrence. In particular, I argue that lawmakers who
are sufficiently aware of the self-control problems of citizens can
take advantage of them by engaging in "stealth regulation": creating
legal rules that lead people to repeatedly procrastinate doing
otherwise legal activities. I show how even relatively low hurdles for
getting abortions can have a much larger impact on reducing the number
of abortions than one would expect if one were to assume that people
have perfect self-control. Additionally, I extend the concepts of
time-inconsistent obedience and stealth regulation to interactions
between private parties, such as co-conspirators, corporate
participants, and spouses.
An article combining procrastination, immediate gratification, law & econ, and criminal law--I am impressed. I am going to read it right away--as soon as I check my email, that is....
Full post as published by The Faculty Lounge on February 11, 2009 (boomark / email).
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