| Publication Type | Preprints | |
| Author | Kristoffel Grechenig, Martin Kolmar | |
| Year of Publication | 2011 | |
| Issue | 2011/24 | |
| Abstract | The modern state has monopolized the legitimate use of force. This concept is twofold. First, the state is empowered with enforcement rights; second, the rights of the individuals are (partly) restricted. In a simple model of property rights with appropriation and defense activity, we show that a restriction of private enforcement is beneficial for the property owner, even if there are no economies of scale from public protection. We emphasize the role of the state as a commitment device for a certain level of enforcement. However, commitment will only work if the state can regulate private protection. A ban of private enforcement measures can even be beneficial in situations where there would be no private enforcement at first place because the “shadow” of defense has a negative impact on the investments in property rights infringements. From a legal perspective, our approach emphasizes a regulation of victim behavior as opposed to the standard approach which focuses on the regulation of criminal behavior. | |
| Publisher | Max Planck Institute for Research on Collective Goods | |
| Place Published | Bonn | |
| URL | http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1946760 | |
| Export | Tagged BibTex XML | |
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| Keywords | Contests, Property Rights, Enforcement, Private Protection, Law | |
| JEL-Codes | K42, P14, P37, P48, N40 |