Cultivating Conscience: How Good Laws Make Good People [NOOK Book]

Overview

Contemporary law and public policy often treat human beings as selfish creatures who respond only to punishments and rewards. Yet every day we behave unselfishly—few of us mug the elderly or steal the paper from our neighbor's yard, and many of us go out of our way to help strangers. We nevertheless overlook our own good behavior and fixate on the bad things people do and how we can stop them. In this pathbreaking book, acclaimed law and economics scholar Lynn Stout argues that this focus neglects the crucial ...

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Cultivating Conscience: How Good Laws Make Good People

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Overview

Contemporary law and public policy often treat human beings as selfish creatures who respond only to punishments and rewards. Yet every day we behave unselfishly—few of us mug the elderly or steal the paper from our neighbor's yard, and many of us go out of our way to help strangers. We nevertheless overlook our own good behavior and fixate on the bad things people do and how we can stop them. In this pathbreaking book, acclaimed law and economics scholar Lynn Stout argues that this focus neglects the crucial role our better impulses could play in society. Rather than lean on the power of greed to shape laws and human behavior, Stout contends that we should rely on the force of conscience. Stout makes the compelling case that conscience is neither a rare nor quirky phenomenon, but a vital force woven into our daily lives. Drawing from social psychology, behavioral economics, and evolutionary biology, Stout demonstrates how social cues—instructions from authorities, ideas about others' selfishness and unselfishness, and beliefs about benefits to others—have a powerful role in triggering unselfish behavior. Stout illustrates how our legal system can use these social cues to craft better laws that encourage more unselfish, ethical behavior in many realms, including politics and business. Stout also shows how our current emphasis on self-interest and incentives may have contributed to the catastrophic political missteps and financial scandals of recent memory by encouraging corrupt and selfish actions, and undermining society's collective moral compass. This book proves that if we care about effective laws and civilized society, the powers of conscience are simply too important for us to ignore.

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Editorial Reviews

Times Higher Education
Cultivating Conscience is a blistering attack on the 'law and economics' school, which has had an enormous impact in the US legal academy. . . . But despite that focus, Cultivating Conscience is not only for a US readership: its clear and highly readable style, enlivened by real-life examples, also makes it accessible and of great interest on this side of the Atlantic. . . . Cultivating Conscience is lucid and stimulating.
— Bill Bowring
ForeWord Reviews
[D]uality in human nature, and the connection between conscience and public policy, is masterfully examined in this book by Lynn A. Stout. . . . Cultivating Conscience is a forceful and rational proposition for reasonable change.
— John Michael Senger
Campaign for the American Reader blog
Stout makes the compelling case that conscience is neither a rare nor quirky phenomenon, but a vital force woven into our daily lives. . . . This book proves that if we care about effective laws and civilized society, the powers of conscience are simply too important for us to ignore.
— Marshal Zeringue
PsycCRITIQUES
Cultivating Conscience is one of those rare books—essentially a single-theme book, an apologia for the author's subject matter—that eruditely comingles several fields of knowledge, is clearly and succinctly written, holds the reader's full attention throughout, and whose contents affect the reader's thoughts at unsuspecting times and on various topics long after reading is complete. In short, it is well worth reading by both laypersons and professionals.
— Cynthia C. Siebel
Times Higher Education - Bill Bowring
Cultivating Conscience is a blistering attack on the 'law and economics' school, which has had an enormous impact in the US legal academy. . . . But despite that focus, Cultivating Conscience is not only for a US readership: its clear and highly readable style, enlivened by real-life examples, also makes it accessible and of great interest on this side of the Atlantic. . . . Cultivating Conscience is lucid and stimulating.
ForeWord Reviews - John Michael Senger
[D]uality in human nature, and the connection between conscience and public policy, is masterfully examined in this book by Lynn A. Stout. . . . Cultivating Conscience is a forceful and rational proposition for reasonable change.
Campaign for the American Reader blog - Marshal Zeringue
Stout makes the compelling case that conscience is neither a rare nor quirky phenomenon, but a vital force woven into our daily lives. . . . This book proves that if we care about effective laws and civilized society, the powers of conscience are simply too important for us to ignore.
PsycCRITIQUES - Cynthia C. Siebel
Cultivating Conscience is one of those rare books—essentially a single-theme book, an apologia for the author's subject matter—that eruditely comingles several fields of knowledge, is clearly and succinctly written, holds the reader's full attention throughout, and whose contents affect the reader's thoughts at unsuspecting times and on various topics long after reading is complete. In short, it is well worth reading by both laypersons and professionals.
From the Publisher
"Cultivating Conscience is a blistering attack on the 'law and economics' school, which has had an enormous impact in the US legal academy. . . . But despite that focus, Cultivating Conscience is not only for a US readership: its clear and highly readable style, enlivened by real-life examples, also makes it accessible and of great interest on this side of the Atlantic. . . . Cultivating Conscience is lucid and stimulating."—Bill Bowring, Times Higher Education

"[D]uality in human nature, and the connection between conscience and public policy, is masterfully examined in this book by Lynn A. Stout. . . . Cultivating Conscience is a forceful and rational proposition for reasonable change."—John Michael Senger, ForeWord Reviews

"Stout makes the compelling case that conscience is neither a rare nor quirky phenomenon, but a vital force woven into our daily lives. . . . This book proves that if we care about effective laws and civilized society, the powers of conscience are simply too important for us to ignore."—Marshal Zeringue, Campaign for the American Reader blog

"Cultivating Conscience is one of those rare books—essentially a single-theme book, an apologia for the author's subject matter—that eruditely comingles several fields of knowledge, is clearly and succinctly written, holds the reader's full attention throughout, and whose contents affect the reader's thoughts at unsuspecting times and on various topics long after reading is complete. In short, it is well worth reading by both laypersons and professionals."—Cynthia C. Siebel, PsycCRITIQUES

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Product Details

  • ISBN-13: 9781400836000
  • Publisher: Princeton University Press
  • Publication date: 10/4/2010
  • Sold by: Barnes & Noble
  • Format: eBook
  • Edition description: Course Book
  • Pages: 320
  • File size: 2 MB

Meet the Author

Lynn Stout is the Paul Hastings Professor of Corporate and Securities Law at the UCLA School of Law. She is the coauthor of several books and a frequent commentator for NPR, PBS, and the "Wall Street Journal".
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Table of Contents

Acknowledgements vii

PART ONE
Chapter 1: Franco's Choice 3
Chapter 2: Holmes' Folly 23
Chapter 3: Blind to Goodness: Why We Don't See
Conscience 45

PART TWO
Chapter 4: Games People Play: Unselfish Prosocial
Behavior in Experimental Gaming 75
Chapter 5: The Jekyll/Hyde Syndrome: A Three-Factor
Social Model of Unselfish Prosocial Behavior 94
Chapter 6: Origins 122

PART THREE
Chapter 7: My Brother's Keeper: The Role of
Unselfishness in Tort Law 151
Chapter 8: Picking Prosocial Partners: The Story of
Relational Contract 175
Chapter 9: Crime, Punishment, and Community 200

PART FOUR
Conclusion Chariots of the Sun 233
Notes 255
Works Cited 281
Index 299

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