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A Law and Economics Perspective on Terrorism

Nuno Garoupa
University of Illinois College of Law

Jonathan Klick
Erasmus School of Law; University of Pennsylvania Law School

Francesco Parisi
University of Minnesota - Law School



Public Choice, Vol. 128, pp. 147-168, 2006
George Mason Law & Economics Research Paper No. 05-29
FSU College of Law, Law and Economics Paper No. 05-25
FSU College of Law, Public Law Research Paper No. 174
Minnesota Legal Studies Research Paper No. 07-27

Abstract:     
This paper reviews the existing law and economics literature on crime, noting where various models might apply to the terror context. Specifically, it focuses on two strands of the literature, deterrence and incapacitation. Challenging the conventional application of the basic rational agent model of crime in the context of terrorism, it considers anti-terror measures enacted by different countries, highlighting how the details of the laws correspond to the insights from economic models of crime. In conclusion, the paper proposes an efficient sorting mechanism in which individuals will be provided with adequate incentives to reveal their type to law enforcement authorities.

Keywords: organized crime, basic crime model, communal liability, deterrence, incapacitation, penalty enhancements, terrorism

JEL Classifications: K14, K42

Accepted Paper Series

Date posted: September 09, 2005 ; Last revised: May 10, 2007

Suggested Citation

Garoupa, Nuno M., Klick, Jonathan and Parisi, Francesco , A Law and Economics Perspective on Terrorism. Public Choice, Vol. 128, pp. 147-168, 2006; George Mason Law & Economics Research Paper No. 05-29; FSU College of Law, Law and Economics Paper No. 05-25; FSU College of Law, Public Law Research Paper No. 174; Minnesota Legal Studies Research Paper No. 07-27. Available at SSRN: http://ssrn.com/abstract=800705


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Contact Information

Nuno M. Garoupa (Contact Author)
University of Illinois College of Law ( email )
504 E. Pennsylvania Avenue
Champaign, IL 61820
United States
HOME PAGE: http://works.bepress.com/nunogaroupa/
Jonathan Klick
Erasmus School of Law ( email )
3000 DR Rotterdam Netherlands
University of Pennsylvania Law School ( email )
3400 Chestnut Street
Philadelphia, PA 19104-6204
United States
2157463455 (Phone)
Francesco Parisi
University of Minnesota - Law School ( email )
229 19th Avenue South
Minneapolis, MN 55455
United States
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