Law and Social Norms

Law and Social Norms

Author: Eric Posner

Publisher: Harvard University Press

Published: 2009-07-01

Total Pages: 276

ISBN-13: 9780674042308

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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.


Law and Social Norms

Law and Social Norms

Author: Eric Posner

Publisher: Harvard University Press

Published: 2002-03-08

Total Pages: 271

ISBN-13: 0674276973

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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.


Law and Social Norms

Law and Social Norms

Author: Eric Posner

Publisher: Harvard University Press

Published: 2002-03-08

Total Pages: 0

ISBN-13: 9780674008144

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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.


The Oxford Handbook of Law and Economics

The Oxford Handbook of Law and Economics

Author: Francesco Parisi

Publisher: Oxford University Press

Published: 2017

Total Pages: 593

ISBN-13: 0199684200

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The Oxford Handbook of Law and Economics applies the theoretical and empirical methods of economics to the study of law. Volume 2 surveys Private and Commercial Law.


Saving the Neighborhood

Saving the Neighborhood

Author: Richard R. W. Brooks

Publisher: Harvard University Press

Published: 2013-04-01

Total Pages: 389

ISBN-13: 0674073711

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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.


Chinese Small Property

Chinese Small Property

Author: Shitong Qiao

Publisher: Cambridge University Press

Published: 2017-10-19

Total Pages: 231

ISBN-13: 1107176239

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


Sociology of Law as the Science of Norms

Sociology of Law as the Science of Norms

Author: Håkan Hydén

Publisher: Routledge

Published: 2021-12-28

Total Pages: 316

ISBN-13: 1000533107

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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.


Social Norms

Social Norms

Author: Michael Hechter

Publisher: Russell Sage Foundation

Published: 2001-03-15

Total Pages: 451

ISBN-13: 1610442806

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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.


The Oxford Handbook of Law and Economics

The Oxford Handbook of Law and Economics

Author: Francesco Parisi

Publisher: Oxford University Press

Published: 2017-04-27

Total Pages: 613

ISBN-13: 0191507237

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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.