🌙

贝叶斯受众视角下的诽谤法

Defamation with Bayesian Audiences

Journal of Legal Studies · 2023
被引 1
ABS 3

中文导读

研究了司法错误如何使诽谤法面临拉弗曲线效应,并发现考虑贝叶斯受众时最优监管标准比传统模型更宽松,对法律经济学和诽谤法研究者有参考价值。

Abstract

How strictly should the law regulate false defamatory statements? We first show that the presence of judicial errors often puts defamation law on a Laffer curve: regulation that is too lax or too strict is inferior to moderate regulation. While moderate regulation is ideal, it is not always attainable because of practical and legal constraints. With these constraints, we consider a Bayesian audience that takes the strictness of defamation law into account when evaluating statements. The optimal standard is then laxer than is prescribed by standard models with naive audiences. These findings underscore the importance of accounting for audience effects in analyzing defamation law.

法律经济学诽谤法贝叶斯概率司法决策