Private Versus Public Enforcement of Laws - A Law & Economics Perspective

16 Pages Posted: 24 Dec 2010 Last revised: 12 May 2011

See all articles by Lars Klöhn

Lars Klöhn

Humboldt University of Berlin - Faculty of Law

Date Written: December 23, 2010

Abstract

When should laws be enforced by private actors and when should society rely on law enforcement by public authorities? This question has been analyzed in great detail in law & economics scholarship. This article surveys the literature and outlines a framework of criteria for deciding whether private or public enforcement of laws is preferable. To exemplify the criteria, the framework is then applied to some “real-life” enforcement issues.

Keywords: law enforcement, economic theory of regulation, optimal enforcement of law, law & economics, litigation, contract law, criminal law, environmental law, securities litigation, class action, citizen suit, qui tam suit

JEL Classification: K42, K40, K22, K12, K14

Suggested Citation

Klöhn, Lars, Private Versus Public Enforcement of Laws - A Law & Economics Perspective (December 23, 2010). Available at SSRN: https://ssrn.com/abstract=1730308 or http://dx.doi.org/10.2139/ssrn.1730308

Lars Klöhn (Contact Author)

Humboldt University of Berlin - Faculty of Law ( email )

Unter den Linden 6
Berlin, D-10099
Germany

HOME PAGE: http://www.rewi.hu-berlin.de/en/lf/ls/kln

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