'A Fine is Not a Price': Insights for Law

Ideology, Psychology, and Law (Jon Hansen ed., 2012)

Yale Law School, Public Law Research Paper No. 493

13 Pages Posted: 22 Jan 2014

See all articles by Anne Alstott

Anne Alstott

Yale University - Law School

Date Written: January 1, 2012

Abstract

Barry Schwartz's work presents empirical evidence that challenges core precepts of modern legal analysis. With the rise of law and economics in the last generation, financial incentives have become, in many legal fields (including taxation), the default mechanism for understanding and changing human behavior.

In this comment, I outline three challenges that Schwartz’s work poses for the use of financial incentives in law. Along the way, I highlight open questions and suggest how Schwartz’s findings might motivate new and constructive possibilities for legal design.

Keywords: incentives, social psychology, taxation, law and economics

Suggested Citation

Alstott, Anne L., 'A Fine is Not a Price': Insights for Law (January 1, 2012). Ideology, Psychology, and Law (Jon Hansen ed., 2012); Yale Law School, Public Law Research Paper No. 493. Available at SSRN: https://ssrn.com/abstract=2382864

Anne L. Alstott (Contact Author)

Yale University - Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States

HOME PAGE: http://www.law.yale.edu/faculty/AAlstott.htm

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