Enforcement by Hearing: How the Civil Law Sets Incentives

Chris William Sanchirico
This paper investigates the manner in which the civil law sets incentives, given that courts do not directly observe the activities that the law would hope to control. What distinguishes the civil law problem from other hidden action problems is that the principle (the court) conditions its rewards and punishments on signals (evidence presented) of the agents' choosing. Thus unlike the output signal used by the employer in the classic moral hazard problem, the signal...
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