Praise and the Law

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Authors

Goldschlager, Ezra

Issue Date

2016

Volume

49

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2

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Journal Article

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FIRST PARAGRAPH(S)|This is the first scholarly examination of praise (messages of approval) as a tool for shaping behavior through the law. As the law uses positive incentives (as opposed to sanctions) with increasing frequency, it is important to examine payouts other than financial ones. Financial payouts are ubiquitous, but have significant drawbacks. Financial incentives can decrease actors' intrinsic motivation to behave how we want them to. Financial incentives have a limited domain; they sometimes seem wholly inappropriate (e.g., in the cases of motivating battlefield heroism or organ donation). Financial incentives can have undesirable wealth effects that increase desirable behavior less among the wealthy than among others. In addition, financial incentives are expensive and require both the payout and costly systems to protect against misappropriation...

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Creighton University School of Law

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