Ex Post Liability for Harm vs. Ex Ante Safety Regulation: Substitutes or Complements?

S-Tier
Journal: American Economic Review
Year: 1990
Volume: 80
Issue: 4
Pages: 888-901

Authors (3)

Kolstad, Charles D (Stanford University) Ulen, Thomas S (not in RePEc) Johnson, Gary V (not in RePEc)

Score contribution per author:

2.681 = (α=2.01 / 3 authors) × 4.0x S-tier

α: calibrated so average coauthorship-adjusted count equals average raw count

Abstract

This paper concerns the regulation of hazardous economic activities. Economists have generally viewed ex ante regulations (safety standards, Pigouvian fees) that regulate an activity before an accident occurs as substitutes for ex post policies (exposure to tort liability) for correcting externalities. This paper shows that where there is uncertainty, there are inefficiencies associated with the exclusive use of negligence liability and that ex ante regulation can correct the inefficiencies. In such a case, it is efficient to set the safety standard below the level of precaution that would be called for if the standard were used alone. Copyright 1990 by American Economic Association.

Technical Details

RePEc Handle
repec:aea:aecrev:v:80:y:1990:i:4:p:888-901
Journal Field
General
Author Count
3
Added to Database
2026-01-25