Norms and the Law by John N. Drobak (ed.)

By John N. Drobak (ed.)

This e-book includes views of world-renowned students from the fields of legislation, economics, and political technological know-how in regards to the dating among legislations and norms. The authors take various methods through the use of a large choice of views from legislations, criminal heritage, neoclassical economics, new institutional economics, video game concept, political technology, cognitive technological know-how, and philosophy. The essays study the connection among norms and the legislations in 4 varied contexts. half One involves essays that use the views of cognitive technological know-how and behavioral economics to research norms that impression the legislation. partially , the authors use 3 varieties of universal estate to check cooperative norms. half 3 comprises essays that take care of the limitations imposed by way of norms at the judiciary. ultimately, half 4 examines the impression formal legislations has on norms.

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22 Lynn A. Stout What can explain why some people cooperate but others don’t, or why the same person may cooperate at one time and not at another? What determines when we are altruistic, when we are spiteful, and when, like Rhett Butler, we don’t give a damn? Answers to these questions are available. 15 These studies have produced a wealth of evidence on who is likely to behave in an other-regarding fashion and under what circumstances they are most likely to do this. Taken as a whole, the evidence strongly supports the following proposition: whether or not people behave in an other-regarding fashion is determined largely by social context, tempered – but only tempered – by considerations of personal cost.

When people indulge in altruism or spite, they keep one eye on self-interest in doing so. ” 23 See Scott T. Allison & Norbert L. Kerr, Group Correspondence Biases and the Provision of Public Goods, 66 J. Personality & Soc. Psychol. 688 (1994) (“[n]umerous studies have reported that individuals are more likely to cooperate when they expect other group members to cooperate than when they expect others to defect”); Yamagishi, supra note 8, at 64–65 (discussing experimental findings that “expectations about other members’ behavior is one of the most important individual factors affecting members’ decisions in social dilemmas”).

The norm that adult males ought to wear ties at work, or that lawn grass ought to be mowed two inches high). These types of norms tend to vary from time to time and from place to place. In some cultures men wear ties; in others, togas or kilts. But there is an important subcategory of norms that are far more universal and that are seen in most societies. Examples include the norm of abiding by the law even when authorities are absent; the norm of keeping one’s commitments to others; and, more generally, the norm of treating others as you would like them to treat you.

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