Behavioural Analysis of Criminal Law: A Survey

Abstract

This survey starts by examining in section 2 the theoretical foundations of behavioral analysis of criminal law. I contrast behavioral analysis with traditional criminal law doctrine (founded on retributive justice values) and, then, I contrast the behavioral approach to criminal law with traditional neoclassical economic analysis of criminal law and point out the distinctive features of the former Section 3 illustrates the ways in which various behavioral phenomena can be used to understand the effects of criminal law norms and to design criminal law in a way that serves its social goals, in particular deterrence. Section 4 discusses the literature on happiness and its relevance to the optimal design of criminal law. Most interestingly I establish that unlike the conventional economic/behavioral analysis of criminal law, the literature on happiness can be used to promote retributive justice concerns. Section 5 examines critically the potential contribution of behavioral studies to the optimal design of the legal system. (PsycINFO Database Record (c) 2016 APA, all rights reserved)