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What Makes Law to Change Behavior? An Experimental Study

  • Rustam Romaniuc EMAIL logo
Published/Copyright: May 20, 2016
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Abstract

The use of mild laws to affect people’s behavior is pervasive – from environmental regulation to tort law – but little is known about how the law changes human behavior and social outcomes when it uses non-deterrent monetary incentives. We find that when low monetary incentives are framed so as to indicate what is group desirable behavior, people behave more cooperatively in a public goods game than when no-incentives exist. However, we find that the effect is transitory. Surprisingly, the effect is long lasting when low monetary incentives are presented as payments for some neutral behavior – that is, when the fine is presented as a mere price change. Our findings suggest that the indication of what is group desirable behavior makes salient the conflict between people’s normative expectations and what others effectively do. This undermines conditional cooperators’ own motivation to contribute to public goods. Neutrally framed price-incentives have a long lasting positive effect on contribution decisions because it does not indicate what one should do and thus avoids the conflict with what others effectively do.

Funding statement: Montpellier Laboratory for Experimental Economics.

Acknowledgemets

I thank Dimitri Dubois for programing the experiment and for valuable remarks and suggestions at the design stage of this work. I am also grateful to Tim Cason, Cecile Bazart, Yuval Feldman, Lisette Ibanez, Stephane Luchini, Alain Marciano, Julie Rosaz, Marc Willinger, and to an anonymous referee for helpful remarks. I owe a special thanks to Remi Gaultier. The paper also benefited from comments by participants at the Montpellier Experimental Economics Workshop, the ASFEE meeting (PSE, 2015), and the Law and Economics Workshop at the University of Sassari (2015).

Appendix: Instructions (originally written in French)

General rules

The experiment in which you are going to participate is part of a study on decision-making. Please read the instructions carefully. These instructions are meant to help you understand the experiment. Once all of the participants have read the instructions, the experimenter will then reread the instructions aloud.

Your gains will depend on your decisions as well as the decisions of other participants. All of your responses will be anonymous and will be gathered via a software program. You will indicate your choices on the computer in front of which you are seated, and this computer will calculate the gains you have realized in the course of the experiment. The sum total of money gained during the experiment will be paid to you in cash at the end of the experiment. From this moment on, we ask you to refrain from speaking. If you have a question, please raise your hand and an experimenter will help you in private.

The experiment is composed of three parts. Each part is made up of several periods. The instructions for Part 2 will be distributed to you once Part 1 has been finished, and the instructions for Part 3 will be distributed once Part 2 has been finished. One of the three parts will be drawn at random for payment. Your gain for the experiment will be equal to the gain you obtained during this Part. In the three parts, the gains are expressed in ecus. The conversion rate of emus into euros is 15 ecus = 1 euro.

At the beginning of Part 1, the central computer will create groups of four at random. The composition of the groups will remain unchanged for the duration of the experiment. You will not be able to identify the other members of your group and they will not be able to identify you.

Part 1

This part is composed of ten periods. At the beginning of each period, you as well as the other three members of your group will have an amount of 20 tokens that you must allocate between two accounts: your individual account and a collective account belonging to all of the members of your group (you included). Specifically, you must decide on the number of tokens that you put in the collective account. The remaining tokens are automatically placed in your individual account. You are free to put any whole number of tokens between 0 and 20 into the account.

Individual account

Each token placed in your individual account earns you 1 ecu. And so, if for example, you put 6 tokens in your individual account, this will earn you 6 ecus. Your individual account only earns ecus for you alone.

The collective account

The collective account is shared by all members of your group. Each token placed in the collective account earns 0.4 ecus to each member of the group. Thus, if for example, you put 6 tokens in the collective account, this will earn 2.4 ecus for each member of the group (you included), amounting to a gain of 9.6 ecus for the entire group.

Gain

Your gain for the period is equal to the sum of the gains of your individual account and the collective account.

Example 1

You put 16 tokens in the collective account and thus 4 tokens in your individual account (put there automatically). Let us suppose that the three other members of your group put a total of 48 tokens in the collective account. In total, the collective account now comprises 48+16=64 tokens. Your gain is then equal to 4 ecus (individual account) +64 * 0.4 (collective account) = 29.6 ecus.

Example 2

You put 3 tokens in the collective account and thus 17 tokens in your individual account. Let us suppose that the three other members of your group put a total of 40 tokens in the collective account. In total, the collective account now comprises 40+3=43 tokens. Your gain is then equal to 17 ecus (individual account) +43 × 0.4 (collective account) = 34.2 ecus.

Final Details

All of the members of your group (you included) will make their decisions simultaneously. When all of the members of the group have made their decision, a summary screen will appear. The screen will remind you of the number of tokens that you have placed in each of the two accounts and inform you of the number of tokens placed in the collective account by your group, and of your gain in ecus for the period.

At any time you can access the history of previous periods by clicking on the history button. The history will appear for each past period, the number of tokens that you put in each of the two accounts, the total number of tokens put in the collective account by your group, your gain in ecus for the period, and your cumulative gain since the first period of that Part.

Part 2

This part is also composed of 10 periods. The composition of the groups is unchanged. Your group is therefore composed of the same members as in Part 1. As in the preceding part, at the beginning of each period, you will have an amount of 20 tokens that you must allocate between your individual account and the collective account.

Additional instructions

From now on, the tokens that you do not put in the collective account, and that remain therefore in your individual account, are subject to a 30 % deduction. Thus, 0.3 ecus are deducted for every token that remains in your individual account. This deduction is applied in each period. If for example, you put 12 tokens in your individual account, your gain from this account is 1212 × 0.3 (deduction) = 8.4 ecus.

The functioning of the collective account is the same as in Part 1 of the experiment: each token placed in the collective account therefore earns 0.4 ecus for each member of the group (you included).

Your gain for the period is still equal to the sum of the gains of your individual account and the collective account.

Example

You put 6 tokens in the collective account and therefore 14 tokens in your individual account. Let us suppose that the three other members of your group put a total of 26 tokens in the collective account. In total, the collective account now comprises 26+6 = 32 tokens. Your gain is thus equal to 14 (individual account) –14 × 0.3 (deduction) +32 × 0.4 (collective account) = 22.6 ecus.

Part 3

This part is also composed of 10 periods. The composition of the groups is unchanged. In the same way, at the beginning of each period, you have 20 tokens that you must allocate between your individual account and the collective account. The functioning of these two accounts is the same as in Part 1. Thus, each token placed in your individual account earns you 1 ecu.

Additional instructions

At the beginning of each period, every participant in this room will have a message displayed on his or her computer screen. The message is the same for everybody.

References

Allingham, M.G., and A. Sandmo. 1972. “Income Tax Evasion: A Theoretical Analysis,” 1 Journal of Public Economics 323–338.10.1016/0047-2727(72)90010-2Search in Google Scholar

Andreoni, J. 1995. “Warm-Glow versus Cold-Pickle: The Effects of Positive and Negative Framing on Cooperation in Experiments,” 37 Quarterly Journal of Economics 291–304.Search in Google Scholar

Andreoni, J., B. Erard, and J. Feinstein. 1998. “Tax Compliance,” 36(2) Journal of Economic Literature 818–860.Search in Google Scholar

Andreoni, J., and J.H. Miller. 2002. “Giving According To GARP: An Experimental Test of the Consistency of Preferences for Altruism,” 70(2) Econometrica 737–753.10.1111/1468-0262.00302Search in Google Scholar

Andreoni, J., and L.K. Gee. 2012. “Gun for Hire: Delegated Enforcement and Peer Punishment in Public Goods Provision,” 96(11–12) Journal of Public Economics 1036–1046.10.1016/j.jpubeco.2012.08.003Search in Google Scholar

Andrighetto, G., J. Brandts, R. Conte, J. Sabater-Mir, H. Solaz, and D. Villatoro. 2013. “Punish and Voice: Punishment Enhances Cooperation When Combined with Norm-Signalling,” 8(6) Plos One 1–8.10.1371/journal.pone.0064941Search in Google Scholar

Baldassarri, D., and G. Grossman. 2011. “Centralized Sanctioning and Legitimate Authority Promote Cooperation in Humans,” 108(27) Proceedings of the National Academy of Sciences 11023–11027.10.1073/pnas.1105456108Search in Google Scholar

Bardsley, N., and P.G. Moffatt. 2000. “An econometric Analysis of Voluntary Contributions: The Random Effects Two-Limit p-Tobit Model,” Tinbergen Institute Discussion Paper TI-2000-111/1.Search in Google Scholar

Bazart, C., and M. Pickhardt. 2011. “Fighting Income Tax Evasion with Positive Rewards,” 39(1) Public Finance Review 124–149.10.1177/1091142110381639Search in Google Scholar

Becker, G.S. 1968. “Crime and Punishment: An Economic Approach,” 76 Journal of Political Economy 169–217.10.1086/259394Search in Google Scholar

Benabou, R., and J. Tirole. 2011. “Laws and Norms,” CEPR discussion paper No. 8663.10.3386/w17579Search in Google Scholar

Bicchieri, C. 2006. The Grammar of Society: The Nature and Dynamics of Social Norms. Cambridge: Cambridge University Press.10.1017/CBO9780511616037Search in Google Scholar

Bicchieri, C., and E. Xiao. 2009. “Do the Right Thing: But Only if Others Do so,” 22(2) Journal of Behavioral Decision Making 191–208.10.1002/bdm.621Search in Google Scholar

Bowles, S., and S. Polania-Reyes. 2012. “Economic Incentives and Social Preferences: Substitutes or Complements?” 50(2) Journal of Economic Literature 368–425.10.1257/jel.50.2.368Search in Google Scholar

Calabresi, G. 1961. “Some Thoughts on Risk Distribution and the Law of Torts,” 70(4) Yale Law Journal 499–553.10.2307/794261Search in Google Scholar

Chaudhuri, A. 2011. “Sustaining Cooperation in Laboratory Public Goods Experiments: A Selective Survey of the Literature,” 14 Experimental Economics 47–83.10.1007/s10683-010-9257-1Search in Google Scholar

Convery, F., S. McDonnell, and S. Ferreira. 2007. “The Most Popular Tax in Europe? Lessons From the Irish Plastic Bags,” 38 Environmental Resource Economics 1–11.10.1007/s10640-006-9059-2Search in Google Scholar

Cooter, R.D. 1984. “Prices and Sanctions,” 84 Columbia Law Review 1523–1560.10.2307/1122472Search in Google Scholar

Cooter, R.D. 1998. “Expressive Law and Economics,” 27(2) Journal of Legal Studies 585–608.10.1086/468036Search in Google Scholar

Cooter, R.D., and T. Ulen. 1988. Law and Economics. London: Scott, Foresman and Company.Search in Google Scholar

Crawford, V.P., U. Gneezy, and Y. Rottenstreich. 2008. “The Power of Focal Points Is Limited: Even Minute Payoff Asymmetry May Yield Large Coordination Failures,” 98(4) American Economic Review 1443–1458.10.1257/aer.98.4.1443Search in Google Scholar

Croson, R. 2002. “Why and How to Experiment: Methodologies From Experimental Economics,” 45 University of Illinois Law Review 921–945.Search in Google Scholar

Dal, B.E., and P. Dal Bo. 2014. ““Do the Right Thing”: The Effects of Moral Suasion on Cooperation,” 117 Journal of Public Economics 28–38.10.3386/w15559Search in Google Scholar

Dawes, R.M., and R.H. Thaler. 1988. “Anomalies: Cooperation,” 2(3) Journal of Economic Perspectives 187–197.10.1257/jep.2.3.187Search in Google Scholar

DeAngelo, G., and G. Charness. 2012. “Deterrence, Expected Cost, Uncertainty and Voting: Experimental Evidence,” 44(1) Journal of Risk and Uncertainty 73–100.10.1007/s11166-011-9131-3Search in Google Scholar

Drago, F., R. Galbiati, and P. Vertova. 2009. “The Deterrent Effects of Prison: Evidence from a Natural Experiment,” 117(2) Journal of Political Economy 257–280.10.1086/599286Search in Google Scholar

Ehrlich, I. 1972. “The Deterrent Effect of Criminal Law Enforcement,” 1(2) Journal of Legal Studies 259–276.10.1086/467485Search in Google Scholar

Ehrlich, I. 1975. “The Deterrent Effect of Capital Punishment: A Question of Life and Death,” 65(3) American Economic Review 397–417.10.3386/w0018Search in Google Scholar

Elster, J. 1989. “Social Norms and Economic Theory,” 3(4) Journal of Economic Perspectives 99–117.10.1257/jep.3.4.99Search in Google Scholar

Engel, C. 2014. “Social Preferences Can Make Imperfect Sanctions Work: Evidence from a Public Good Experiment,” 108 Journal of Economic Behavior and Organization 343–353.10.1016/j.jebo.2014.02.015Search in Google Scholar

Feldman, Y. 2009. “The Expressive Function of Trade Secret Law: Legality, Cost, Intrinsic Motivation, and Consensus,” 6(1) Journal of Empirical Legal Studies 177–212.10.1111/j.1740-1461.2009.01141.xSearch in Google Scholar

Feldman, Y. 2011. “The Complexity of Disentangling Intrinsic and Extrinsic Compliance Motivations: Theoretical and Empirical Insights From the Behavioral Analysis of Law,” 35 Washington University Journal of Law & Policy 11–51.Search in Google Scholar

Feldman, Y., and O. Lobel. 2010. “The Incentives Matrix: The Comparative Effectiveness of Rewards, Liabilities, Duties, and Protections for Reporting Illegality,” 88(6) Texas Law Review 1151–1211.10.2139/ssrn.1415663Search in Google Scholar

Fischbacher, U., S. Gaechter, and E. Fehr. 2001. “Are People Conditionally Cooperative? Evidence from a Public Goods Experiment,” 71 Economics Letters 397–404.10.1016/S0165-1765(01)00394-9Search in Google Scholar

Fluet, C., and R. Galbiati. 2015. “Lois et normes: Les enseignements de l’economie comportementale,” CIRANO scientific series No. 2015s–43.Search in Google Scholar

Frey, B.S., and A. Stutzer. 2007. Economics and Psychology: A Promising New Cross-Disciplinary Field. Cambridge, MA: MIT Press.10.7551/mitpress/2604.001.0001Search in Google Scholar

Galbiati, R., and P. Vertova. 2014. “How Laws Affect Behavior: Obligations, Incentives, and Cooperative Behavior,” 38 International Review of Law and Economics 48–57.10.1016/j.irle.2014.03.001Search in Google Scholar

Gneezy, U., and A. Rustichini. 2000. “A Fine Is a Price,” 29 Journal of Legal Studies 1–17.10.1086/468061Search in Google Scholar

Gneezy, U., S. Meier, and P. Rey-Biel. 2011. “When and Why Incentives (Don’t) Work to Modify Behavior,” 25(4) Journal of Economic Perspectives 191–210.10.1257/jep.25.4.191Search in Google Scholar

Goeree, J.K., C.H. Holt, and S.K. Laury. 2002. “Private Costs and Public Benefits: Unraveling the Effects of Altruism and Noisy Behavior,” 83 Journal of Public Economics 255–276.10.1016/S0047-2727(00)00160-2Search in Google Scholar

Grenier, B. 2004. “An Online Recruitment System for Economic Experiments,” in K. Kremer, and V. Macho eds. Forshung Und Wissenschaftliches Rechnen, 63, 79–93. Ges. für Wiss. Datenverarbeitung, Göttingen: GWDG Bericht.Search in Google Scholar

Hoerisch, H., and S. Strassmair. 2012. “An Experimental Test of the Deterrence Hypothesis,” 28(3) Journal of Law, Economics, and Organization 447–459.10.1093/jleo/ewq015Search in Google Scholar

Homonoff, T. 2013. “Can Small Incentives Have Large Effects? The Impact of Taxes Versus Bonuses on the Demand for Disposable Bags,” Princeton University Working Paper 575.Search in Google Scholar

Karakostas, A., and D.J. Zizzo. 2016. “Compliance and the Power of Authority,” 124 Journal of Economic Behavior and Organization 67–80.10.1016/j.jebo.2015.09.016Search in Google Scholar

Keser, C., and F. van Winden. 2000. “Conditional Cooperation and Voluntary Contributions to Public Goods,” 102(1) Scandinavian Journal of Economics 23–39.10.1111/1467-9442.00182Search in Google Scholar

Khadjavi, M. 2015. “Deterrence Works for Criminals,” European Journal of Law and Economics, DOI 10.1007/s10657-015-9483–210.1007/s10657-015-9483-2Search in Google Scholar

Kornhauser, L.A. 1988. “The New Economic Analysis of Law: Legal Rules as Incentives,” in N. Mercuro, ed. Law and Economics. Springer Netherlands: Kluwer Academic Publishers.10.1007/978-94-009-1079-9_2Search in Google Scholar

Ledyard, O. 1995. “Public Goods: Some Experimental Results,” in J. Kagel and A. Roth, eds. Handbook of Experimental Economics. New York: Princeton University Press.Search in Google Scholar

Lessig, L. 1996. “Social Meaning and Social Norms,” 144 University of Pennsylvania Law Review 2181–2189.10.2307/3312651Search in Google Scholar

Luttmer, E.F.P., and M. Singhal. 2014. “Tax Morale,” 28(4) Journal of Economic Perspectives 149–168.10.3386/w20458Search in Google Scholar

Marciano, A., and R. Romaniuc. 2015. “Accident Costs, Resource Allocation and Individual Rationality: Blum, Kalven, and Calabresi,” 22(6) European Journal of the History of Economic Thought 1084–1114.10.1080/09672567.2015.1084520Search in Google Scholar

McAdams, R. 2000. “A Focal Point Theory of Expressive Law,” 86(1649) Virginia Law Review 1729.10.4337/9781782540519.00018Search in Google Scholar

McAdams, R. 2015. The Expressive Powers of Law: Theories and Limits. Cambridge: Harvard University Press.10.4159/harvard.9780674735965Search in Google Scholar

Milgram, S. 1963. “Behavioral Study of Obedience,” 67 Journal of Abnormal Social Psychology 371–378.10.1037/h0040525Search in Google Scholar

Mulder, L.M. 2016. “When Sanctions Convey Moral Norms,” European Journal of Law and Economics, doi:10.1007/s10657-016-9532–5Search in Google Scholar

Ostrom, E., J. Walker, and R. Gardner. 1992. “Covenants with and Without a Sword: Self-Governance Is Possible,” 86(2) American Political Science Review 404–417.10.2307/1964229Search in Google Scholar

Polinsky, M.A., and S. Shavell. 1979. “The Optimal Tradeoff between the Probability and Magnitude of Fines,” 69(5) American Economic Review 880–891.Search in Google Scholar

Polinsky, M.A., and S. Shavell. 2000. “The Fairness of Sanctions: Some Implications for Optimal Enforcement Policy,” 2(2) American Law and Economics Review 223–237.10.2139/ssrn.150554Search in Google Scholar

Posner, R.A. 1973. Economic Analysis of Law. New York: Little, Brown and Co.Search in Google Scholar

Romaniuc, R., K. Farrow, L. Ibanez, and A. Marciano. 2016. “The Perils of Government Enforcement,” 166(1–2) Public Choice 161–182.10.1007/s11127-016-0319-6Search in Google Scholar

Schelling, T. 1960. The Strategy of Conflict. Cambridge: Harvard University Press.Search in Google Scholar

Shavell, S. 2004. Foundations of Economic Analysis of Law. Cambridge: Harvard University Press.10.4159/9780674043497Search in Google Scholar

Stigler, G. 1970. “The Optimum Enforcement of Laws,” 78(3) Journal of Political Economy 55–67.10.1086/259646Search in Google Scholar

Sunstein, C. 1996. “On the Expressive Function of Law,” 144 University of Pennsylvania Law Review 2021–2053.10.7551/mitpress/11974.003.0006Search in Google Scholar

Sunstein, C.R., D. Schkade, and D. Kahneman. 2000. “Do People Want Optimal Deterrence?” 29(1) Journal of Legal Studies 237–253.10.7208/chicago/9780226780160.003.0012Search in Google Scholar

Torgler, B. 2004. “Moral Suasion: An Alternative Tax Policy Strategy? Evidence From a Controlled Field Experiment in Switzerland,” 5 Economics of Governance 235–253.10.4337/9781847207203.00012Search in Google Scholar

Tyran, J.R., and L.P. Feld. 2006. “Achievieng Compliance When Legal Sanctions Are Non-Deterrent,” 108 Scandinavian Journal of Economics 135–156.10.1111/j.1467-9442.2006.00444.xSearch in Google Scholar

Vaillant, N.G., and J.-C. Wolff. 2010. “Broken Windows Theory and Marginal Deterrence: Does the Punishment of Minor Sexual Offenses Deter Rapes? Evidence From French Panel Data,” 30(1) European Journal of Law and Economics 59–71.10.1007/s10657-009-9125-7Search in Google Scholar

Veblen, T. 1889. The Theory of the Leisure Class: An Economic Study of Institutions. London: Macmillan.Search in Google Scholar

Zizzo, D.J. 2010. “Experimenter Demand Effects in Economic Experiments,” 13(1) Experimental Economics 75–98.10.1007/s10683-009-9230-zSearch in Google Scholar

Published Online: 2016-5-20
Published in Print: 2016-7-1

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