Social Norms Nonlegal Sanctions and the Law

Social Norms  Nonlegal Sanctions  and the Law

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.

Author: Eric A. Posner

Publisher: Edward Elgar Pub

ISBN: 1845424956

Category: Law

Page: 667

View: 562

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.
Categories: Law

Law and Social Norms

Law and Social Norms

What is needed, and what this book offers, is a model of the relationship between law and social norms.

Author: Eric A. Posner

Publisher: Harvard University Press

ISBN: 0674042301

Category: Law

Page: 276

View: 238

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.
Categories: Law

Law and Social Norms

Law and Social Norms

What is needed, and what this book offers, is a model of the relationship between law and social norms.

Author: Eric A. Posner

Publisher:

ISBN: 0674008146

Category: Law

Page: 260

View: 764

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. He goes on to argue 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.
Categories: Law

The Oxford Handbook of Law and Economics

The Oxford Handbook of Law and Economics

Many social norms are obligations backed by non-legal sanctions. When violating a social norm serves immediate self-interest, fear of non-legal sanctions can tip the balance of self-interest in favor of conforming.

Author: Francesco Parisi

Publisher: Oxford University Press

ISBN: 9780191507229

Category: Business & Economics

Page: 496

View: 217

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.
Categories: Business & Economics

In Defense of Uncle Tom

In Defense of Uncle Tom

Another story, however, longs to be told, one obscured by the larger law and social norms narrative. ... See, for instance, Eric A. Posner, Law and Social Norms (2002); Eric A. Posner, Social Norms, Nonlegal Sanctions, and the Law ...

Author: Brando Simeo Starkey

Publisher: Cambridge University Press

ISBN: 9781107070042

Category: Law

Page: 377

View: 901

This book shadows the usage of 'Uncle Tom' to understand how social norms associated with the phrase were constructed and enforced.
Categories: Law

The Privacy Fix

The Privacy Fix

As Bicchieri notes, “a shared, common understanding of what a social norm is can be traced across all fields: a norm refers ... or some such thing”: Eric A. Posner, “Introduction,” in Social Norms, Nonlegal Sanctions, and the Law, ed.

Author: Robert H. Sloan

Publisher: Cambridge University Press

ISBN: 9781108486712

Category: Law

Page: 225

View: 673

Evidence-based solutions and practical steps to preserve privacy online.
Categories: Law

Social and Legal Norms

Social and Legal Norms

'Social norms, nonlegal sanctions, and the law', Economic approaches to law 4. Edward Elgar: Cheltenham. Pound, R. 1910. 'Law in books and law in action', American Law Review 12–36. Pound, R. 1996. Social Control through Law.

Author: Matthias Baier

Publisher: Routledge

ISBN: 9781317054092

Category: Law

Page: 364

View: 275

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.
Categories: Law

Copyright and Collective Authorship

Copyright and Collective Authorship

... Nonlegal Sanctions, and the Law (Edward Elgar 2007) Posner E, 'Law, Economics and Inefficient Norms' (1996) 144 U ... of Legal and Nonlegal Sanctions on Collective Action' (1996) 63 U of Chicago LRev 133 'Social Norms and Social ...

Author: Daniela Simone

Publisher: Cambridge University Press

ISBN: 9781107199958

Category: Law

Page: 327

View: 240

Addresses the difficult question of how to determine the authorship, and ownership, of copyright in highly collaborative works.
Categories: Law

Getting Incentives Right

Getting Incentives Right

As with driving and contracting, social and legal norms often regulate the same behavior. A wrongdoer who violates the norm may suffer a nonlegal sanction such as damage to reputation, and he may suffer a legal sanction such as ...

Author: Robert D. Cooter

Publisher: Princeton University Press

ISBN: 9780691173740

Category: Law

Page: 241

View: 889

How tort, contract, and restitution law can be reformed to better serve the social good Lawyers, judges, and scholars have long debated whether incentives in tort, contract, and restitution law effectively promote the welfare of society. If these incentives were ideal, tort law would reduce the cost and frequency of accidents, contract law would lubricate transactions, and restitution law would encourage people to benefit others. Unfortunately, the incentives in these laws lead to too many injuries, too little contractual cooperation, and too few unrequested benefits. Getting Incentives Right explains how law might better serve the social good. In tort law, Robert Cooter and Ariel Porat propose that all foreseeable risks should be included when setting standards of care and awarding damages. Failure to do so causes accidents that better legal incentives would avoid. In contract law, they show that making a promise often causes the person who receives it to change behavior and undermine the cooperation between the parties. They recommend several solutions, including a novel contract called "anti-insurance." In restitution law, people who convey unrequested benefits to others are seldom entitled to compensation. Restitution law should compensate them more than it currently does, so that they will provide more unrequested benefits. In these three areas of law, Getting Incentives Right demonstrates that better law can promote the well-being of people by providing better incentives for the private regulation of conduct.
Categories: Law

Gene Patents and Collaborative Licensing Models

Gene Patents and Collaborative Licensing Models

In the “Law and Norms” literature, informal rules are often designated as social norms or informal norms,” while formal ... research traditions is the recog— nition of the complementarities between legal and non—legal sanctions.

Author: Geertrui van Overwalle

Publisher: Cambridge University Press

ISBN: 9780521896733

Category: Law

Page: 517

View: 683

The cost of patent licenses needed to design a new genetic test or treatment may ultimately prevent research projects getting started, as individual components are protected by different patent owners. This book examines legal measures which might be used to solve the problem of fragmentation of patents in genetics.
Categories: Law