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    Electronic Resource
    Electronic Resource
    Springer
    European journal of law and economics 5 (1998), S. 235-245 
    ISSN: 1572-9990
    Keywords: crime ; deterrence
    Source: Springer Online Journal Archives 1860-2000
    Topics: Law , Economics
    Notes: Abstract It has sometimes been argued that one way to reduce the costs of law enforcement would be to reduce the probability of detection and conviction (hence saving those costs), while at the same time increasing the size of the punishment. Following this strategy would keep the expected costs (to a risk neutral criminal) of committing a crime constant and hence keep the deterrence level constant; it would have the benefit, though, of reducing costs to the rest of society. There are some well-known objections to such a policy. One such objection deals with marginal deterrence: A convicted murderer serving a life sentence with no chance of parole in a jurisdiction which bans capital punishment has nothing to lose from killing a prison guard—there is no marginal deterrence to the commission of a more serious crime or any additional crime for that matter. In fact, so long as there remains any upper limit to the amount of punishment that can be inflicted upon a convicted criminal, the only ways to create some type of marginal deterrence are to reduce the punishments for less serious crimes, which will either reduce the deterrence of those less serious crimes, or alternatively to require the use of more of society's scarce resources to increase the probabilities of apprehension and conviction. It is possible to reduce this marginal deterrence problem, however, by practicing cruel and unusual punishment on perpetrators of serious crimes, i.e. by raising the limits of allowable punishment. Anecdotal evidence suggests this practice is followed unofficially with child molesters and killers of prison guards and hence provides some additional deterrence against these crimes. Despite the theoretical validity of this argument, our society has chosen to impose a constitutional ban on cruel and unusual punishment. Furthermore, over time we seem to have lowered the threshold of what is considered cruel and unusual. Following Dr. Pangloss, the concluding section of the paper examines why rational maximizers would choose to give up this additional potential deterrence. The explanations depend upon an assumed positive income elasticity of demand for humanitarianism or for insurance against the costs of punishing the innocent. While there are some reasons to accept the humanitarianism argument, the insurance argument seems more persuasive.
    Type of Medium: Electronic Resource
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  • 3
    Electronic Resource
    Electronic Resource
    Springer
    European journal of law and economics 9 (2000), S. 33-50 
    ISSN: 1572-9990
    Keywords: Interest rates ; damage awards ; offset rule ; international
    Source: Springer Online Journal Archives 1860-2000
    Topics: Law , Economics
    Notes: Abstract The offset rule is a method to simplify the calculation of lump sum damage awards to compensate victims for an expected lost future flow of income. If the expected nominal rate of interest is roughly equal to the expected rate of growth in nominal wages (assuming the loss is due to lost labour income), then the present discounted value of the loss is shown to be easily computed as just the amount of the loss in the first year multiplied by the number of years over which the loss is expected to occur. We test the assumptions of the offset rule for eleven different countries. For each country, we cannot reject the hypothesis that the assumptions of the offset rule are satisfied. The relevant implication of this work is that the offset rule can provide a starting point for the assessment of damages. While there are undoubtedly good arguments for personalizing awards, there is no longer any good reason to debate the size of the real rate of interest, the expected rate of inflation, or average changes in labour productivity. These variables cancel each other out in the offset rule.
    Type of Medium: Electronic Resource
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  • 4
    Publication Date: 2015-05-27
    Description: Permafrost-supported peatlands near the southern limit of permafrost are experiencing dramatic landscape changes as a result of recent climate warming, which have the potential to impact aquatic ecosystems through changes in terrestrial run-off. Our objectives were to determine how terrestrial organic matter inputs to aquatic ecosystems in the southern Northwest Territories (Canada) changed as a result of peat subsidence, and whether terrestrial organic matter can be linked to sedimentary mercury. To accomplish this, we analyzed lipid biomarkers, lignin-derived phenols, and other geochemical proxies in sediment cores from two lakes (KAK-1 and TAH-7) affected by recent peat subsidence. Both lakes experienced substantial shifts in organic matter proxies through time, but the trajectory of change differed, reflecting local heterogeneity in hydrological setting and other environmental factors. In KAK-1, recent peat subsidence corresponded to a decrease in lignin-derived phenol yield, increased inferred lignin oxidation, and δ 15 N depletion. In TAH-7, peat subsidence was likely initiated by a local forest fire, and resulted in an increase in the n -alkanol ratio C 30 /(C 30  + C 28 ) (consistent with a warmer, wetter climate), lignin-derived phenol yield (mainly syringyls), and δ 13 C depletion. In TAH-7, total mercury inputs were positively correlated to terrestrial carbon inputs, suggesting allochthonous carbon is an important vector for mercury transport to the lake. In both lakes, an increase in the C 23 /(C 23  + C 29 ) n -alkane ratio was observed and suggests increased organic matter input from Sphagnum mosses. Our results demonstrate how terrestrial landscape changes occurring as a result of peat subsidence can influence carbon accumulation in aquatic ecosystems in discontinuous permafrost zones.
    Print ISSN: 0024-3590
    Electronic ISSN: 1939-5590
    Topics: Biology , Geosciences , Physics
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