Law And Social Norms

Author : Eric Posner
Publisher : Harvard University Press
Page : 276 pages
File Size : 43,7 Mb
Release : 2009-07-01
Category : Law
ISBN : 0674042301

Get Book

Law and Social Norms by Eric Posner Pdf

What is the role of law in a society in which order is maintained mostly through social norms, trust, and nonlegal sanctions? Eric Posner argues that social norms are sometimes desirable yet sometimes odious, and that the law is critical to enhancing good social norms and undermining bad ones. But he also argues that the proper regulation of social norms is a delicate and complex task, and that current understanding of social norms is inadequate for guiding judges and lawmakers. What is needed, and what this book offers, is a model of the relationship between law and social norms. The model shows that people's concern with establishing cooperative relationships leads them to engage in certain kinds of imitative behavior. The resulting behavioral patterns are called social norms. Posner applies the model to several areas of law that involve the regulation of social norms, including laws governing gift-giving and nonprofit organizations; family law; criminal law; laws governing speech, voting, and discrimination; and contract law. Among the engaging questions posed are: Would the legalization of gay marriage harm traditional married couples? Is it beneficial to shame criminals? Why should the law reward those who make charitable contributions? Would people vote more if non-voters were penalized? The author approaches these questions using the tools of game theory, but his arguments are simply stated and make no technical demands on the reader.

Author : Eric Posner
Publisher : Harvard University Press
Page : 271 pages
File Size : 41,9 Mb
Release : 2002-03-08
Category : Law
ISBN : 9780674276970

Get Book

Law and Social Norms by Eric Posner Pdf

What is the role of law in a society in which order is maintained mostly through social norms, trust, and nonlegal sanctions? Eric Posner argues that social norms are sometimes desirable yet sometimes odious, and that the law is critical to enhancing good social norms and undermining bad ones. But he also argues that the proper regulation of social norms is a delicate and complex task, and that current understanding of social norms is inadequate for guiding judges and lawmakers. What is needed, and what this book offers, is a model of the relationship between law and social norms. The model shows that people's concern with establishing cooperative relationships leads them to engage in certain kinds of imitative behavior. The resulting behavioral patterns are called social norms. Posner applies the model to several areas of law that involve the regulation of social norms, including laws governing gift-giving and nonprofit organizations; family law; criminal law; laws governing speech, voting, and discrimination; and contract law. Among the engaging questions posed are: Would the legalization of gay marriage harm traditional married couples? Is it beneficial to shame criminals? Why should the law reward those who make charitable contributions? Would people vote more if non-voters were penalized? The author approaches these questions using the tools of game theory, but his arguments are simply stated and make no technical demands on the reader.

Author : Eric Posner
Publisher : Harvard University Press
Page : 0 pages
File Size : 45,9 Mb
Release : 2002-03-08
Category : Law
ISBN : 0674008146

Get Book

Law and Social Norms by Eric Posner Pdf

What is the role of law in a society in which order is maintained mostly through social norms, trust, and nonlegal sanctions? Eric Posner argues that social norms are sometimes desirable yet sometimes odious, and that the law is critical to enhancing good social norms and undermining bad ones. But he also argues that the proper regulation of social norms is a delicate and complex task, and that current understanding of social norms is inadequate for guiding judges and lawmakers. What is needed, and what this book offers, is a model of the relationship between law and social norms. The model shows that people's concern with establishing cooperative relationships leads them to engage in certain kinds of imitative behavior. The resulting behavioral patterns are called social norms. Posner applies the model to several areas of law that involve the regulation of social norms, including laws governing gift-giving and nonprofit organizations; family law; criminal law; laws governing speech, voting, and discrimination; and contract law. Among the engaging questions posed are: Would the legalization of gay marriage harm traditional married couples? Is it beneficial to shame criminals? Why should the law reward those who make charitable contributions? Would people vote more if non-voters were penalized? The author approaches these questions using the tools of game theory, but his arguments are simply stated and make no technical demands on the reader.

Author : Francesco Parisi
Publisher : Oxford University Press
Page : 593 pages
File Size : 50,5 Mb
Release : 2017
Category : Business & Economics
ISBN : 9780199684205

Get Book

The Oxford Handbook of Law and Economics by Francesco Parisi Pdf

The Oxford Handbook of Law and Economics covers over one-hundred topics on issues ranging from law and neuroeconomics to European Union law and economics to feminist theory and law and economics. The book gathers together scholars and experts in law and economics to create the most inclusive and current work on law and economics. It begins at the origins of the field of law and economics, tracks its progression and increased importance to both law and economics, and looks to the future of the field and its continued development by examining a cornucopia of fields touched by work in law and economics.

Author : Richard R. W. Brooks,Carol M. Rose
Publisher : Harvard University Press
Page : 389 pages
File Size : 51,9 Mb
Release : 2013-04-01
Category : Law
ISBN : 9780674073715

Get Book

Saving the Neighborhood by Richard R. W. Brooks,Carol M. Rose Pdf

Saving the Neighborhood tells the charged, still controversial story of the rise and fall of racially restrictive covenants in America, and offers rare insight into the ways legal and social norms reinforce one another, acting with pernicious efficacy to codify and perpetuate intolerance. The early 1900s saw an unprecedented migration of African Americans leaving the rural South in search of better work and equal citizenship. In reaction, many white communities instituted property agreements—covenants—designed to limit ownership and residency according to race. Restrictive covenants quickly became a powerful legal guarantor of segregation, their authority facing serious challenge only in 1948, when the Supreme Court declared them legally unenforceable in Shelley v. Kraemer. Although the ruling was a shock to courts that had upheld covenants for decades, it failed to end their influence. In this incisive study, Richard Brooks and Carol Rose unpack why. At root, covenants were social signals. Their greatest use lay in reassuring the white residents that they shared the same goal, while sending a warning to would-be minority entrants: keep out. The authors uncover how loosely knit urban and suburban communities, fearing ethnic mixing or even “tipping,” were fair game to a new class of entrepreneurs who catered to their fears while exacerbating the message encoded in covenants: that black residents threatened white property values. Legal racial covenants expressed and bestowed an aura of legitimacy upon the wish of many white neighborhoods to exclude minorities. Sadly for American race relations, their legacy still lingers.

Author : Shitong Qiao
Publisher : Cambridge University Press
Page : 231 pages
File Size : 50,6 Mb
Release : 2017-10-19
Category : Business & Economics
ISBN : 9781107176232

Get Book

Chinese Small Property by Shitong Qiao Pdf

Qiao demonstrates how an impersonal and unbounded market can operate without legal protection or enforcement of property and contract rights.

Author : Håkan Hydén
Publisher : Routledge
Page : 316 pages
File Size : 47,5 Mb
Release : 2021-12-28
Category : Law
ISBN : 9781000533101

Get Book

Sociology of Law as the Science of Norms by Håkan Hydén Pdf

This book proposes the study of norms as a method of explaining human choice and behaviour by introducing a new scientific perspective. The science of norms may here be broadly understood as a social science which includes elements from both the behavioural and legal sciences. It is given that a science of norms is not normative in the sense of prescribing what is right or wrong in various situations. Compared with legal science, sociology of law has an interest in the operational side of legal rules and regulation. This book develops a synthesizing social science approach to better understand societal development in the wake of the increasingly significant digital technology. The underlying idea is that norms as expectations today are not primarily related to social expectations emanating from human interactions but come from systems that mankind has created for fulfilling its needs. Today the economy, via the market, and technology via digitization, generate stronger and more frequent expectations than the social system. By expanding the sociological understanding of norms, the book makes comparisons between different parts of society possible and creates a more holistic understanding of contemporary society. The book will be of interest to academics and researchers in the areas of sociology of law, legal theory, philosophy of law, sociology and social psychology.

Author : Matthias Baier
Publisher : Routledge
Page : 377 pages
File Size : 55,8 Mb
Release : 2016-04-01
Category : Law
ISBN : 9781317054092

Get Book

Social and Legal Norms by Matthias Baier Pdf

In an era where new areas of life and new problems call for normative solutions while the plurality of values in society challenge the very basis for normative solutions, this book looks at a growing field of research on the relations between social and legal norms. New technologies and social media offer new ways to communicate about normative issues and the centrality of formal law and how normativity comes about is a question for debate. This book offers empirical and theoretical research in the field of social and legal norms and will inspire future debate and research in terms of internationalization and cross-national comparative studies. It presents a consistent picture of empirical research in different social and organizational areas and will deepen the theoretical understanding regarding the interplay between social and legal norms. Including chapters written from four different aspects of normativity, the contributors argue that normativity is a result of combinations between law in books, law in action, social norms and social practice. The book uses a variety of different international examples, ranging from Sweden, Uzbekistan, Colombia and Mexico. Primarily aimed at scholars in sociology of law, socio-legal studies, law and legal theory, the book will also interest those in sociology, political science and psychology.

Author : Michael Hechter,Karl-Dieter Opp
Publisher : Russell Sage Foundation
Page : 451 pages
File Size : 52,6 Mb
Release : 2001-03-15
Category : Political Science
ISBN : 9781610442800

Get Book

Social Norms by Michael Hechter,Karl-Dieter Opp Pdf

Social norms are rules that prescribe what people should and should not do given their social surroundings and circumstances. Norms instruct people to keep their promises, to drive on the right, or to abide by the golden rule. They are useful explanatory tools, employed to analyze phenomena as grand as international diplomacy and as mundane as the rules of the road. But our knowledge of norms is scattered across disciplines and research traditions, with no clear consensus on how the term should be used. Research on norms has focused on the content and the consequences of norms, without paying enough attention to their causes. Social Norms reaches across the disciplines of sociology, economics, game theory, and legal studies to provide a well-integrated theoretical and empirical account of how norms emerge, change, persist, or die out. Social Norms opens with a critical review of the many outstanding issues in the research on norms: When are norms simply devices to ease cooperation, and when do they carry intrinsic moral weight? Do norms evolve gradually over time or spring up spontaneously as circumstances change? The volume then turns to case studies on the birth and death of norms in a variety of contexts, from protest movements, to marriage, to mushroom collecting. The authors detail the concrete social processes, such as repeated interactions, social learning, threats and sanctions, that produce, sustain, and enforce norms. One case study explains how it can become normative for citizens to participate in political protests in times of social upheaval. Another case study examines how the norm of objectivity in American journalism emerged: Did it arise by consensus as the professional creed of the press corps, or was it imposed upon journalists by their employers? A third case study examines the emergence of the norm of national self-determination: has it diffused as an element of global culture, or was it imposed by the actions of powerful states? The book concludes with an examination of what we know of norm emergence, highlighting areas of agreement and points of contradiction between the disciplines. Norms may be useful in explaining other phenomena in society, but until we have a coherent theory of their origins we have not truly explained norms themselves. Social Norms moves us closer to a true understanding of this ubiquitous feature of social life.

Author : Alison Burke,David Carter,Brian Fedorek,Tiffany Morey,Lore Rutz-Burri,Shanell Sanchez
Publisher : Unknown
Page : 128 pages
File Size : 55,6 Mb
Release : 2019
Category : Electronic
ISBN : 1636350682

Get Book

SOU-CCJ230 Introduction to the American Criminal Justice System by Alison Burke,David Carter,Brian Fedorek,Tiffany Morey,Lore Rutz-Burri,Shanell Sanchez Pdf

Author : William E. Scheuerman
Publisher : MIT Press
Page : 348 pages
File Size : 51,8 Mb
Release : 1997-01-22
Category : Philosophy
ISBN : 0262691965

Get Book

Between the Norm and the Exception by William E. Scheuerman Pdf

Winner, 1996 Elaine and David Spitz Book Prize for the best book onliberal and democratic theory, Conference for the Study of Political Thought. Winner, 1994 First Book Prize, Foundations of Political Thought Organized Section, American Political Science Association. Between the Norm and the Exception contributes historical insight to the ongoing debate over the future of the rule of law in welfare-state capitalist democracies. The core issue is whether or not society can offer its citizens welfare-state guarantees and still preserve the liberal vision of a norm-based legal system. Franz Neumann and Otto Kirchheimer, in an age dominated by Hitler and Stalin, sought to establish a sound theoretical basis for the "rule of law" ideal. As an outcome of their sophisticated understanding of the liberal political tradition, their writings suggest a theoretical missed opportunity, an alternative critical theory that might usefully be applied in understanding (and perhaps countering) the contemporary trend toward the deformalization of law.

Author : John N. Drobak
Publisher : Cambridge University Press
Page : 308 pages
File Size : 42,9 Mb
Release : 2006-07-24
Category : Law
ISBN : 0521680794

Get Book

Norms and the Law by John N. Drobak Pdf

This book contains perspectives of world-renowned scholars from the fields of law, economics, and political science about the relationship between law and norms. The authors take different approaches by using a wide variety of perspectives from law, legal history, neoclassical economics, new institutional economics, game theory, political science, cognitive science, and philosophy. The essays examine the relationship between norms and the law in four different contexts. Part One consists of essays that use the perspectives of cognitive science and behavioral economics to analyze norms that influence the law. In Part Two, the authors use three different types of common property to examine cooperative norms. Part Three contains essays that deal with the constraints imposed by norms on the judiciary. Finally, Part Four examines the influence formal law has on norms.

Author : Francesco Parisi
Publisher : Oxford University Press
Page : 496 pages
File Size : 51,7 Mb
Release : 2017-04-27
Category : Business & Economics
ISBN : 9780191507236

Get Book

The Oxford Handbook of Law and Economics by Francesco Parisi Pdf

Covering over one-hundred topics on issues ranging from Law and Neuroeconomics to European Union Law and Economics to Feminist Theory and Law and Economics, The Oxford Handbook of Law and Economics is the definitive work in the field of law and economics. The book gathers together scholars and experts in law and economics to create the most inclusive and current work on law and economics. Edited by Francisco Parisi, the Handbook looks at the origins of the field of law and economics, tracks its progression and increased importance to both law and economics, and looks to the future of the field and its continued development by examining a cornucopia of fields touched by work in law and economics. The uniqueness of its breadth, depth, and convenience make the volume essential to scholars, students, and contributors in the field of law and economics.

Author : Yuval Feldman
Publisher : Unknown
Page : 257 pages
File Size : 50,7 Mb
Release : 2018-06-07
Category : Law
ISBN : 9781107137103

Get Book

The Law of Good People by Yuval Feldman Pdf

Plato has famously argued ...

Author : Eric A. Posner
Publisher : Edward Elgar Publishing
Page : 0 pages
File Size : 42,5 Mb
Release : 2007
Category : Law
ISBN : 1845424956

Get Book

Social Norms, Nonlegal Sanctions, and the Law by Eric A. Posner Pdf

This authoritative collection brings together a careful selection of previously published articles that use economics to analyze the interaction of law, on the one hand, and social norms and nonlegal sanctions on the other. The articles cover a range of foundational questions. What are social norms and nonlegal sanctions? Do strong laws undermine social norms, thus weakening other valuable forms of social cooperation? Can laws be used to exploit existing social norms, so that the laws are more effective than they would be otherwise? The contributing authors use a variety of economic models and concepts to address these questions.