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| Title: | | The state's enforcement monopoly and the private protection of property  |
| Authors: | | Grechenig, Kristoffel Kolmar, Martin |
| Issue Date: | | 2011 |
| Series/Report no.: | | Preprints of the Max Planck Institute for Research on Collective Goods 2011,24 |
| Abstract: | | The modern state has monopolized the legitimate use of force. This concept is twofold. First, the state is empowered with enforcement rights; second, the rights of the individuals are (partly) restricted. In a simple model of property rights with appropriation and defense activity, we show that a restriction of private enforcement is beneficial for the property owner, even if there are no economies of scale from public protection. We emphasize the role of the state as a commitment device for a certain level of enforcement. However, commitment will only work if the state can regulate private protection. A ban of private enforcement measures can even be beneficial in situations where there would be no private enforcement at first place because the shadow of defense has a negative impact on the investments in property rights infringements. From a legal perspective, our approach emphasizes a regulation of victim behavior as opposed to the standard approach which focuses on the regulation of criminal behavior. |
| Subjects: | | Contests Property Rights Enforcement Private Protection Law |
| JEL: | | K42 P14 P37 P48 N40 |
| Document Type: | | Working Paper |
| Appears in Collections: | | Preprints of the Max Planck Institute for Research on Collective Goods
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