Law And Social Norms / Edition 1

Law And Social Norms / Edition 1

by Eric A. Posner
     
 

ISBN-10: 0674008146

ISBN-13: 9780674008144

Pub. Date: 03/08/2002

Publisher: Harvard University Press

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

…  See more details below

Overview

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.

Read More

Product Details

ISBN-13:
9780674008144
Publisher:
Harvard University Press
Publication date:
03/08/2002
Edition description:
New Edition
Pages:
272
Sales rank:
792,867
Product dimensions:
0.61(w) x 6.00(h) x 9.00(d)

Table of Contents

1. Introduction: Law and Collective Action

I. Models of Nonlegal Collective Action

2. A Model of Cooperation and the Production of Social Norms

3. Extensions, Objections, and Alternative Theories

II. Legal Applications

4. Gifts and Gratuitous Promises

5. Family Law and Social Norms

6. Status, Stigma, and the Criminal Law

7. Voting, Political Participation, and Symbolic Behavior

8. Racial Discrimination and Nationalism

9. Contract Law and Commercial Behavior

III. Normative Implications

10. Efficiency and Distributive Justice

11. Incommensurability, Commodification, and Money

12. Autonomy, Privacy, and Community

Notes

References

Acknowledgments

Index

Customer Reviews

Average Review:

Write a Review

and post it to your social network

     

Most Helpful Customer Reviews

See all customer reviews >