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The Economics of the punishment of extra-marital affairs


Abstract: This article on the affair to the possible effect of the implementation of the law were punished Economics analysis. Marriage is a legally protected long-term contracts, divorce is to remove the only legal means of this contract, the affair is the default. However, the marriage penalty in breach of contract does not necessarily increase the social quality of marriage. This analysis suggests that punishment is only extramarital affairs in the divorce case of low cost in order to play good results; when the divorce is costly, it is the object of punishment or feelings of attachment are more likely to be honest man, or force them to be more willing to choose not to married. China's high cost of divorce, the legal penalties for extramarital affairs and can not be implemented to increase quality to achieve the purpose of marriage. Keywords: Law and Economics, published last year marriage and academics hotly debated. Not long ago, a local laws and regulations issued in Guangdong Province, will have extra-marital affairs to implement the legal punishment of all of Fu. It is to give the marriage a major breakthrough in the victim engaged in extramarital affairs division for the third party purchased the property. Many people violently opposed to the implementation of extra-marital affairs to justice. They believe that punishment is a moral affair generalization performance of a violation of personal freedom, is a backward step. This objection has three deficiencies. First, between morality and the law has never been a strict boundaries, ethics can become law, the law can give way to moral, ethical and legal acts on the same or even good or bad judgments. Ethics before law, the law is largely a substitute for moral violence --- is a national authority on the natural alternative. However, some of the areas governed by the law gave way in the modern moral, obvious example is the law to give women the punishment for adultery. Finally, some legal and ethical behavior is also found inappropriate, such examples abound. For example, theft is not only subject to moral condemnation, but also to be punished by law. Thus, the so-called Secondly, from the perspective of individual freedom can not refute the penalties for extramarital affairs. Yes, punishment is the occurrence of extra-marital affair limit the freedom of a party; but it is also on the injured party against the other party the freedom from maintenance. Should be clear that freedom is not naturally occurring, but a national network of legal and moral definition of human reality. Punishment of extra-marital affairs is just a re-distribution of the free only. The remaining problem is that the punishment of extra-marital affairs is not because of violation of the private sector can not do? My answer is no, because we have seen is precisely the history of law rules of private sector alternatives. In China, the geographical and kinship groups have independently outside the law, public law has no jurisdiction over the private sector; However, the expansion of the law for decades broke the private sector, so that the Lord Elephant bar is no longer legally act as sex. The same family has also undergone a change. In the U.S., parents who abuse their children is to bear legal responsibility, China is also moving in this direction. The private sector does not exist naturally, because we define the private sector was already in the definition of a social relationship: when we say that a field is the private sector, we are really saying is that others, and the field of public law right to control personal or group activities. Throughout the legal process against the intrusion of the private sector, we see that the private sector to narrow, its direction is a single individual, the purpose is to enhance the invasion of individual rights protection. The judge also suitable for marriage. Therefore, in order to protect the private sector can not be refuted on the grounds of extramarital affairs punishment. Finally, against the punishment of extra-marital affairs, though criticism of those in favor of moral generalization, but also maintain their own moral or ideological: a strong rejection of marriage laws placed under the control of ideology. In a pluralistic society, the individual uphold different ideologies is completely normal,[link widoczny dla zalogowanych], but does not exist between the various ideological gap between. Therefore, the This article aims to analyze the economic pros and cons of punishment of extra-marital affairs. And ideological struggle on the high or low levels, economic analysis function of law to see whether it can achieve the desired social objectives. Here, I set the goal of social quality of marriage. The so-called quality of marriage, that marriage couple loved each other to maintain their marriage voluntarily; both love each other is higher, the higher the quality of the marriage. The goal should be to punish extramarital affairs and against people agree. This paper is to examine is whether the punishment of extra-marital affairs to increase the social purpose of marriage in high quality. A basic set Let's start with the attributes of marriage begins. From an economic point of view, marriage is a long-term contracts are protected by law (otherwise we would not need marriage registered), divorce is to remove the only legal means of this contract, the affair is the default and should be punishment. Therefore, the spouse can be interpreted as the right to marriage and the parties to the marriage in the long-term contracts with rights. From a social point of view, extra-marital affairs of the other family has a negative externality, because it has a demonstration effect, leading to more people having an affair, and thus produce more victims. Furthermore, the proliferation of extra-marital affairs on marriage and loyalty that makes people afraid to be hurt because of fear of marriage. If the marriage has a positive value of the community, these people are not faithful to the marriage, marriage is society's loss. However, the recognition of the right spouse, the marriage penalty does not mean that the breach will be able to increase the quality of the purpose of marriage in society. In economics, there is a valid legal concept of breach of contract: When the breach is greater than the cost of social benefits, the breach of contract is valid. A legal provision to induce more effective if the breach is not a good law. Therefore, we should be careful not to induce an effective breach of the law. For some people, extra-marital affairs is intentional breach of contract, should be punished; However, for some people, having an affair after marriage emotional breakdown last resort, the implementation of this affair is the result of increased punishment without love the death of marriage, hand, would decrease social benefits. Therefore, the latter people, the breach of contract is valid. Our analysis is the study of punishment will induce such an affair effective breach of contract. Let us assume that there two types of people in society, one is Playboy caprice, little investment in the marriage, but do not want to divorce with his wife, but also to look outside lover. For him, the affair is the complement of marriage; or the language of economics, the two are complements. Gentleman loyalty, do not look for non-lovers such as a broken marriage, and marriage and a lot of investment. For him, the affair is the alternative to marriage breakdown. MH and EH, respectively, our marriage and extra-marital affairs, said the effectiveness of Playboy, not because of these two values ​​of love and marriage have changed. For the gentleman, if the marriage is love, the marriage of his effectiveness is the MZ, extra-marital affairs of his utility is 0; otherwise, the marriage of his utility is 0, extra-marital affairs of his effectiveness as EZ. Above assumptions reflect the front of the two class of persons defined. For Playboy, marriage and extramarital affairs and is greater than the utility of the effectiveness of the two separate; for the gentleman, one of the two is equal to the sum of the utility. We also assume, MH> EH, MZ> EZ, that the two types of people, marriage is greater than the utility of the effectiveness of extra-marital affairs, reason is engaged in extramarital affairs will encounter social pressure, but also fear of discovery by the spouse into a marriage war. Punish extramarital affairs assumed the effectiveness of the loss of two types of people are P. Once the two types of people enter the marriage, are both looking for lover, but also in the case of marital breakdown divorce. Equivalent to marriage, divorce, both voluntary and voluntary termination of the contract, and breach of contract different affair. However, the divorce cost to D said. Divorce costs may come from society, relatives, spouses and children as well. We assume that two people can get married again after divorce, remarriage, the effectiveness and utility of marriage as the first. Based on these assumptions, an honest man's extra-marital affairs is a valid marriage, breach of contract, and Playboy's extra-marital affairs are not. In fact, we will see, when divorce costs are not significant, the gentleman always choose the emotional breakdown after the divorce, rather than extra-marital affairs. Only when the high cost of divorce, they will choose an affair; this time, the law of punishment is an effective breach of contract. Furthermore, the legal penalties likely to induce more reluctant to marry a gentleman than Playboy, thereby reducing the quality of marriage and the proportion of society. Over the next two sections, I will first analyze the ex post effects of legal punishment, that is the object of legal punishment questions; then advance effectiveness of legal punishment, that is the choice over whether the issue of marriage.