The constraining, liberating, and informational effects of nonbinding law

J Fox, MC Stephenson - The Journal of Law, Economics, & …, 2015 - academic.oup.com
The Journal of Law, Economics, & Organization, 2015academic.oup.com
We show that nonbinding law can have a constraining effect on political leaders, because
legal compliance is a costly signal to imperfectly informed voters that the leader is unbiased.
Moreover, nonbinding law can also have a liberating effect, enabling some leaders to take
action when they otherwise would have done nothing. In addition, we illustrate how voters
may face a trade-off between the legal standard that induces optimal behavior of the current
leader (ie, that most effectively addresses the moral hazard problem) and the legal standard …
Abstract
We show that nonbinding law can have a constraining effect on political leaders, because legal compliance is a costly signal to imperfectly informed voters that the leader is unbiased. Moreover, nonbinding law can also have a liberating effect, enabling some leaders to take action when they otherwise would have done nothing. In addition, we illustrate how voters may face a trade-off between the legal standard that induces optimal behavior of the current leader (i.e., that most effectively addresses the moral hazard problem) and the legal standard that optimizes selection of future leaders (i.e., that most effectively addresses the adverse selection problem). We discuss a range of positive and normative implications that follow from our analysis. (JEL D72, K40).
Oxford University Press
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