Law and Decision Making: Incorporating Internal Harm Into Rational Choice Theory

One does not have to experience driving in peak-hour traffic in New Delhi for very long to realize that not all drivers obey traffic laws or rules of tort law. Indeed, in that city at least, those who do appear to be the exception rather than the rule. A road sign that reads “Wearing a helmet could save your life. Law or not”, suggests that motorcycle riders require some additional reason for action beyond the law. This raises important questions. Why is the fact that a law is a law not enough to dictate certain behavior for its subjects? How does a legal rule influence an agent’s behavior? In other words, when an agent decides whether or not to engage in behavior that may or would impose criminal or tortious liability, to what extent does that law influence the decision? Through the imposition of liability, law demands certain behavior; it creates an obligation. But the obligation of a law is not sufficient to accurately predict an agent’s response to it. Laws are often broken. As well as breaking traffic rules, some people murder, or negligently put others at risk, or do not pay taxes. What then explains responses to legal rules? This article endeavors to delineate an explanatory theory of behavior in response to legal rules, as distinct from a normative or predictive theory. The theory modifies the standard rational choice account by treating two distinct causes of internal harm as affecting an agent’s well-being. An agent will have a limited set of possible choices that can be made. There is also a set of potential outcomes that may arise from each of the possible decisions. The agent will have certain beliefs as to the likelihood of each of those outcomes being realized as a result of a given decision. The agent will also have preferences over each of the potential outcomes. (1) Thus, in order to effect a decision, a law must either:

Download Now

Read Online

Here is Download Link

The Encyclopedia Of Theoretical Criminology


The Encyclopedia Of Theoretical Criminology Download Now

Read Online

Author by : J. Mitchell Miller
Languange Used : en
Release Date : 2014-04-07
Publisher by : John Wiley & Sons






Law And The State


Law And The State Download Now

Read Online

Author by : Alain Marciano
Languange Used : en
Release Date : 2005-01-01
Publisher by : Edward Elgar Publishing






Politics From Anarchy To Democracy


Politics From Anarchy To Democracy Download Now

Read Online

Author by : Irwin Lester Morris
Languange Used : en
Release Date : 2004
Publisher by : Stanford University Press






The Oxford Handbook Of White Collar Crime


The Oxford Handbook Of White Collar Crime Download Now

Read Online

Author by : Shanna R. Van Slyke
Languange Used : en
Release Date : 2016
Publisher by : Oxford University Press






Philosophy Law And The Family


Philosophy Law And The Family Download Now

Read Online

Author by : Laurence D. Houlgate
Languange Used : en
Release Date : 2017-01-21
Publisher by : Springer






Springer Handbook Of Geographic Information


Springer Handbook Of Geographic Information Download Now

Read Online

Author by : Wolfgang Kresse
Languange Used : en
Release Date : 2012-02-21
Publisher by : Springer Science & Business Media






Public Administration Workbook


Public Administration Workbook Download Now

Read Online

Author by : Pathi
Languange Used : en
Release Date : 2010-09
Publisher by : Pearson Education India






Leave a Reply

Your email address will not be published. Required fields are marked *