On the Law of the Household: The Principles Used by Parents in Disciplining Their Children

Steven Shavell

The Journal of Legal Studies, 2026, vol. 55, issue 1, 29 - 81

Abstract: The basic principles that parents employ in disciplining their children in the household are described in the first part of this article. The description is based on a survey of parents, the major results of which are that parental disciplinary actions are premised on wrongdoing—not on the mere causation of harm; that parental sanctions are usually greater when wrongdoing results in harm than otherwise; that sanctions for intentionally harmful conduct tend to exceed those for negligence; and that sanctions are not increased when the probability that wrongdoing would be discovered is low. A theory is then developed to explain these principles as largely functional for parents. The kernel of the theory is that the rules of discipline foster the utility of parents—assuming that parental utility is reduced by the occurrence of harm and that their utility rises and falls with the well-being of their children.

Date: 2026
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