Law And Social Norms
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Law And Social Norms
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Author : Eric Posner
language : en
Publisher: Harvard University Press
Release Date : 2009-07-01
Law And Social Norms written by Eric Posner and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07-01 with Law categories.
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
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Author : Eric Posner
language : en
Publisher: Harvard University Press
Release Date : 2002-03-08
Law And Social Norms written by Eric Posner and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-03-08 with Law categories.
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
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READ ONLINE
Author : Eric Posner
language : en
Publisher: Harvard University Press
Release Date : 2002-03-08
Law And Social Norms written by Eric Posner and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-03-08 with Law categories.
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.
Social And Legal Norms
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Author : Matthias Baier
language : en
Publisher: Routledge
Release Date : 2016-04-01
Social And Legal Norms written by Matthias Baier and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-01 with Law categories.
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.
Body Law And The Body Of Law
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Author : Christine M. Hassenstab
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2015-01-01
Body Law And The Body Of Law written by Christine M. Hassenstab and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-01 with History categories.
For some legal philosophers, if a law is procedurally correct, enacted in ways constitutionally recognised and agreed upon, then the content is of no significance. It is a “good” law, no matter what it does or justifies. The question of one's consent or opposition to any particular law is extraneous to the legality and is regarded merely as a political matter. The assumption is that a certain procedure and logic in law creation has taken place, and the law can be altered by a change in political leaders in a subsequent political election. However, this view and assumption obscure an uncomfortable fact. Some laws can be “bad” or “immoral.” Critical legal theory suggests that there are often two (or more) sets of laws, and it makes no difference if Lady Justice is blindfolded or not. Laws change in the process of history, in part, because societal norms change. As common understandings of morality evolve, law adapts itself to the new moral environment. Norms can change slowly or rapidly, even within a lifetime. This book examines both social and legal norms and theories of how they are both created. Christine M. Hassenstab investigates how laws on sterilization, birth control and abortion were created, by focusing on the act of legislation; how the law was driven by scientific and social norms during the first and closing decades of the 20th century in the USA (especially in the state of Indiana) and Norway. The primary focus of Body Law and the Body of Law is the sociology of law and how and why the law changes. The author develops the notion “body law” for reproductive policies and uses sociological theories to untie the various strands of social history and legal history and looks at two cases of legislation. The book is divided in to two main sections. The first examines eugenic laws in the USA state of Indiana and Norway during the first decades of 20th century. The second part is about the birth control and abortion debate in both countries throughout the late 1960s and 1970s. Christine M. Hassenstab is a lawyer and sociologist. She served as a criminal defense attorney for 15 years (1987—2001) in Seattle, Washington. Currently, she is an adviser in the EU Grants Office at the Norwegian University of Science and Technology in Trondheim, Norway.
Individual Conduct And Social Norms
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Author : Rolf E. Sartorius
language : en
Publisher:
Release Date : 1975
Individual Conduct And Social Norms written by Rolf E. Sartorius and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1975 with Philosophy categories.
Chinese Small Property
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Author : Shitong Qiao
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-19
Chinese Small Property written by Shitong Qiao and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-19 with Business & Economics categories.
Qiao demonstrates how an impersonal and unbounded market can operate without legal protection or enforcement of property and contract rights.
The Oxford Handbook Of Law And Economics
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Author : Francesco Parisi
language : en
Publisher: Oxford University Press
Release Date : 2017
The Oxford Handbook Of Law And Economics written by Francesco Parisi and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Business & Economics categories.
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.
Social Norms Nonlegal Sanctions And The Law
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Author : Eric A. Posner
language : en
Publisher: Edward Elgar Publishing
Release Date : 2007
Social Norms Nonlegal Sanctions And The Law written by Eric A. Posner and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
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.
Law In The Sociological Enterprise
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Author : Lisa J. McIntyre
language : en
Publisher: Routledge
Release Date : 2019-03-11
Law In The Sociological Enterprise written by Lisa J. McIntyre and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-11 with Social Science categories.
Few would dispute the notion that law has a tremendous impact on modern life. But social scientists who study the dynamics of family, work, and other important social institutions often ignore the pervasive influence of law. This introduction to the legal world and the sociology of law shows how social scientists can better account for the influences of legal issues in a wide range of social settings. Incorporating historical and cross-cultural research into her book, Lisa J. McIntyre explains the general effects of law on interpersonal relations, the concept of the civil contract, and the relationship between law and social norms. She discusses why some societies and domains within societies have more law than others and shows that, contrary to popular wisdom, law is not only a reflection of social values but also fundamental to the formation of those values.