| Popis: |
This chapter applies the theories of enforcement developed earlier to problems in public law. To begin, the chapter concentrates on the Fourth Amendment to the U.S. Constitution, which protects citizens from unreasonable searches and seizures. The chapter summarizes the legal doctrine on searches and studies it from an economic perspective. The discussion covers warrants, qualified immunity for police officers, and the “exclusionary rule,” which forbids the government from using evidence in some cases. Next, the chapter addresses relationships between legal design and enforcement. The state can improve enforcement by adopting rules instead of standards, lowering the burden of proof, or adopting “insincerely” strict laws. Then the chapter moves beyond deterrence, studying how law can change people’s behavior without threatening punishment. Law can achieve this by supplying information, coordinating action, and possibly changing preferences. Finally, the chapter addresses judicial legitimacy and its connection to a venerable question: When will the state follow its own laws? |
