Enumerating rights: more is not always better

Public Choice. 2023 May 11:1-23. doi: 10.1007/s11127-023-01053-0. Online ahead of print.

Abstract

Contemporary political and policy debate rhetoric increasingly employs the language of 'rights': how they are assigned and what entitlements individuals in a society are due. While the obvious constitution design issues surround how rights enumeration affects the relationship between a government and its citizens, we instead analyze how rights framing impacts how citizens interact with each other. We design and implement a novel experiment to test whether social cooperation depends on the enumeration and positive or negative framing of the right of subjects to take a particular action. We find that when rights are framed positively, there exists an 'entitlement effect' that reduces social cooperation levels and crowds-out the tendency of individuals to act pro-socially.

Keywords: Battle of the sexes; Coase theorem; Constitutional design; Framing; Preferences; Rights.