Year: 2024
Type: article
Abstract: This article challenges the traditional view that the effectiveness of law is solely dependent on the deterrent power of punishment. It explores why people comply with the law even without the threat of punishment, arguing that respect for the law's authority and moral legitimacy are more significant factors. The essay discusses the authority of law rooted in moral norms and social contract theory, and questions the necessity and morality of punishment. It suggests alternatives to punishment, such as restorative justice and preventive measures, which can achieve similar ends without intentional harm. The conclusion emphasizes that law should be observed due to mutual respect and commitment, which are the foundations of society.
Source: Journal of economics and law.
Author: Qian Wang
Language: English
Subfield: Economics and Econometrics
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4409981597