Document Type

Article

Publication Date

2012

Publication Title

International Review of Law & Economics

Publication Title (Abbreviation)

Int'l Rev. L. & Econ.

Volume

32

First Page

178

Last Page

187

Abstract

Remorse and apologies by offenders have not been rigorously analyzed in the law and economics literature. This is perhaps because apologies are regarded as ’cheap talk’ and are deemed to be non-informative of an individual’s conscious state. In this paper, I develop a formal framework in which one can analyze remorse and apologies. I argue that legal procedures can be designed to price apologies, such that only truly remorseful individuals apologize. Hence, apologies would not be mere ’cheap talk’ and could send correct signals regarding an offender’s true conscious state, making them credible. This will lead victims, upon receiving apologies, to forgive offenders more frequently. Moreover, pricing apologies does not negatively impact the possibility of achieving optimal deterrence. An (arguably negative) effect of pricing apologies is its elimination of insincere apologies. If it is assumed that apologies, even if insincere, carry rehabilitative and/or palliative benefits, then the optimality of pricing apologies depends on a trade-off between achieving credibility and increasing such rehabilitative and palliative benefits.

DOI

doi:10.1016/j.irle.2011.12.011

Rights

Author's accepted manuscript, © 2011 Murat C. Mungan

Comments

This is the author's accepted manuscript version. The version of record (© 2012 Elsevier) is available at http://www.sciencedirect.com/science/article/pii/S0144818811000883 or the DOI provided above.

Faculty Biography

http://law.fsu.edu/our-faculty/profiles/mungan

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