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15 Eur. J.L. & Econ. 5 (2003)

handle is hein.journals/eurjlwec15 and id is 1 raw text is: European Journal of Law and Economics, 15: 5-15, 2003 @ 2003 Kluwer Academic Publishers. Manufactured in The Netherlands. Behavioral Economic Analysis of Crime: A Critical Review* NUNO GAROUPA ngaroupa@fe.unl.pt Universidade Nova de Lisboa, CEPR, London Abstract Behavioral economic analysis of law is about bringing recent research about behavior and choice together with classical law and economics. In this essay we assess its relevance for the theory of optimal law enforcement. It is our view that criminal law is an area where behavioral analysis has a role to play. Notwithstanding the results so far provided by the behavioral approach are somehow disappointing. Keywords: law enforcement, behavioral theory JEL Classification: K4 1. Introduction Behavioral economic analysis of law is about bringing recent research about behavior and choice together with classical law and economics. Methodological discussions about law and economics have been present since the movement started taking form in the early 1960s, the rational optimizing behavior being part of the controversy. In that respect, the behavioral school presents an extremely important challenge to classical law and eco- nomics. The development of experimental economics and choice theory has made pos- sible for law and economics scholars to start looking at their own discipline with new insights.1 Within the law and economics controversy, the economic approach to crime has been one of the most challenged subjects. The skepticism towards economic research on crime and criminal law has been widely expressed by criminologists and sociologists.2 On the modeling of criminal behavior, the theory faces the usual criticism of the expected utility framework and the usefulness of the assumption of economic rationality. It assumes that the deterrence hypothesis (in fact no more than an application of the theory of demand) is a reasonable explanation for some crimes: people respond significantly to the deterring incentives created by the criminal justice system. Classical law and economics is about behavior and efficiency. With respect to behavior, the classical approach is of a particular sort: rational optimizing individuals. Criminals *This is a revised version of the keynote lecture delivered at the 2002 Erfurt Workshop of Law and Economics. 'Present address: Faculdade de Economia, Universidade Nova de Lisboa, Campus de Campolide, P-1099-032 Lisbon, Portugal.

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