When sanctions convey moral norms

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Abstract

Sanctions not only have the instrumental function of deterring people from undesired behavior but they also have the ability to convey moral norms. As such, they may create a moral motivation not to engage in the sanctioned behavior. This is desirable as this makes the success of a sanctioning system depend less on quality of enforcement. However, sanctions may not always succeed in conveying moral norms. In this paper, three conditions are highlighted that, in the psychology literature, have been empirically proven to influence whether a sanction succeeds to evoke moral norms. First, a sanction should not be regarded as a way to make up for the negative consequences of a transgression a sanction. So, they should be communicated in a retributive way rather than in a compensatory way. Second, as punishments communicate an obligatory rule and rewards communicate a voluntary rule, punishments are a better way to incur moral norms than rewards. Third, severe sanctions more strongly convey a moral norm than mild ones as long as these severe sanctions are not unreasonably severe, are installed by trustworthy authorities and in a fair way. The value of the moral expressive function of sanctions, as well as its drawbacks, are discussed.

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APA

Mulder, L. B. (2018). When sanctions convey moral norms. European Journal of Law and Economics, 46(3), 331–342. https://doi.org/10.1007/s10657-016-9532-5

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