The law & economics of private prosecutions in industrial revolution England

@article{Koyama2012TheL,
  title={The law \& economics of private prosecutions in industrial revolution England},
  author={Mark Koyama},
  journal={Public Choice},
  year={2012},
  volume={159},
  pages={277-298}
}
  • Mark Koyama
  • Published 2012
  • Economics, Political Science
  • Public Choice
Can the market provide law enforcement? This paper addresses this question by analyzing an historical case study: the system of private prosecutions that prevailed in England prior to the introduction of the police. I examine why this system came under strain during the Industrial Revolution, and how private clubs emerged to internalize the externalities that caused the private system to generate too little deterrence. The historical evidence suggests that these private order institutions were… Expand

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References

SHOWING 1-10 OF 248 REFERENCES
Prosecution Associations in Industrial Revolution England: Private Providers of Public Goods?
In early nineteenth-century England, there was no professional police force and most prosecutions were private. This paper examines how associations for the prosecution of felons arose to internalizeExpand
The Private Enforcement of Law
An important question in the economic study of enforcement is the appropriate, and the actual, division of responsibilities between public and private enforcers. This question has been brought intoExpand
Handbook of Law and Economics
Law can be viewed as a body of rules and legal sanctions that channel behavior in socially desirable directions for example, by encouraging individuals to take proper precautions to prevent accidentsExpand
The Rise of Government Law Enforcement in England
Public choice economics is often referred to as the study of “politics without the romance” (Buchanan 1999). Instead of simply assuming that government agents are benevolent pursuers of the publicExpand
Are Public Goods Really Common Pools? Considerations of the Evolution of Policing and Highways in England
A series of property rights alterations made by the English government undermined individuals' incentives to cooperate in the production of both policing and road maintenance, ultimately leading toExpand
Efficient Institutions for the Private Enforcement of Law
OUR present legal institutions combine elements of private and public enforcement of law. If someone breaks your arm you call a policeman; if he breaks a window or a contract, you call a lawyer.Expand
Chapter 6 The Theory of Public Enforcement of Law
Abstract This chapter surveys the theory of the public enforcement of law—the use of governmental agents (regulators, inspectors, tax auditors, police, prosecutors) to detect and to sanctionExpand
Criminal justice institutions as a common pool: the 19th century analysis of Edwin Chadwick
Abstract Modern research into criminal justice focuses on optimal enforcement and on changes, including forms of privatization, that could bring efficiency into the system. Edwin Chadwick, 19thExpand
Trade Without Law: Private-Order Institutions in Mexican California
Trade prospered in absence of law in California during the 1830s and 1840s. Merchants, through intermerchant trade and the partnerships they organized to buy goods abroad, played a central role inExpand
Crime and Justice in Eighteenth- and Nineteenth-Century England
  • D. Hay
  • Sociology
  • Crime and Justice
  • 1980
Recent historical studies concerned with the period of the English industrial revolution illuminate many relationships between crime and the criminal law, and social and economic change. The creationExpand
...
1
2
3
4
5
...