The Economics of the Bill of Rights

Posted: 16 Jun 2008

See all articles by Hugo M. Mialon

Hugo M. Mialon

Emory University - Department of Economics

Paul H. Rubin

Emory University - Department of Economics

Multiple version iconThere are 2 versions of this paper

Date Written: spring 2008

Abstract

We elucidate, connect, and synthesize the literature that employs economics to study the individual rights and freedoms protected by the constitutional amendments comprising the Bill of Rights, especially as they relate to crime. Economics is uniquely suited to studying decisions involving tradeoffs, and each of the amendments requires tradeoffs. Emphasizing these tradeoffs allows us to discuss the constitutional rights in terms of “more or less,” as opposed to taking an absolutist approach. We find that the economic literature on the amendments of the Bill of Rights is vibrant and growing, and that viewing the amendments within the framework of economics is highly useful.

Keywords: K00, K10, K40, H00, H10, H11

Suggested Citation

Mialon, Hugo M. and Rubin, Paul H., The Economics of the Bill of Rights (spring 2008). American Law and Economics Review, Vol. 10, Issue 1, pp. 1-60, 2008, Available at SSRN: https://ssrn.com/abstract=1145996 or http://dx.doi.org/ahn002

Hugo M. Mialon (Contact Author)

Emory University - Department of Economics ( email )

1602 Fishburne Drive
Atlanta, GA 30322
United States

Paul H. Rubin

Emory University - Department of Economics ( email )

1350 Main Steet #1703
Sarasota, FL 34236
United States
14049310493 (Phone)

HOME PAGE: http://www.economics.emory.edu/Rubi.htm

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