Why chief executives (dis)obey the law

Abstract When and why will chief executives obey the law, and when and why will they violate it? This article constructs a general framework for analyzing legal (non)compliance by a rational chief executive. It evaluates benefits and costs that might result from executive lawbreaking by reference to three types of objectives that chief executives may have: policy and governance objectives, electoral and political objectives, and personal objectives. Assessing the benefits and costs of lawbreaking requires examining not only the chief executive but also how other actors respond to lawbreaking, including legislatures, courts, civil servants, and market actors. Additional factors, such as the chief executive’s discount rate and risk tolerance, also bear on benefits and costs. Understanding the determinants of executive obedience or disobedience generates both hypotheses for further research and a potential reform agenda for those worried about executive lawbreaking.