Prosecution Associations in Industrial Revolution England

Private Providers of Public Goods?

Originally published in The Journal of Legal Studies

In early nineteenth-century England, there was no professional police force and most prosecutions were private. This paper examines how associations for the prosecution of felons arose to internalize the positive externalities produced by private prosecutions.

In early nineteenth-century England, there was no professional police force and most prosecutions were private. This paper examines how associations for the prosecution of felons arose to internalize the positive externalities produced by private prosecutions. Drawing upon new historical evidence, it examines how the internal governance and incentive structures of prosecution associations enabled them to provide public goods. Consistent with the reasoning of Demsetz (1970), this paper finds that prosecution associations were economic clubs that bundled the private good of insurance with the public good of deterrence. Associations used local newspapers to advertise rewards and attract new members. Price discrimination was employed in order to elicit contributions from individuals with different security demands. Selected incentives helped to overcome free-rider problems between members. 

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