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This book would not have been possible without the sponsorship and financial support of the Center. Linda McClain, who coordinated the conference for the Center, was instrumental to the success of that program.
I am indebted to Hannah Fleener, a graduate of the Washington University School of Law, for her editorial assistance and to Jane Bettlach and Beverly Owens for their preparation of the manuscript. I appreciate the advice of Gary Libecap and an anonymous referee who reviewed the manuscript and the support of John Berger, my editor at the Cambridge University Press.
Finally, I want to thank the authors of the essays in this book for their hard work, patience, and creativity. They are the ones who gave life to this book. Drobak ix Introduction John N. Drobak Norms guide human conduct and social interaction as much as formal legal rules. Norms and law also have an impact on each other.
Sometimes the law can be a strong influence on a change in norms, by forcing a change in conduct that gradually becomes accepted throughout society or by inducing a change in the perceptions about the propriety of certain conduct.
Changes in social norms regarding the use of seat belts and smoking in public places are examples of this. Of course, the law can rarely change norms, even over decades, without the concomitant influence of education, propaganda, peer pressure, and other similar forms of social persuasion.
Hayek and Lawrence Friedman. To the extent that law reflects society, enforcement costs are lower as citizens are more willing to follow the law. Similarly, if social norms promote adherence to contractual obligations and fairness in business dealings, there will be less need to resort 1 See Douglass C.
Friedman, Judging the Judges: Drobak to judicial enforcement of contractual and business obligations.
Not only will the legal system operate more efficiently, the economy will be more likely to grow. It is understandable that people will accept a loss in a business transaction in order to establish a reputation that will bring them more business in the future.
But people comply with legal rules that cause losses even if there is no possibility of a long-term gain. Examining why people follow the rule of law is the same as trying to understand why people cooperate. The answer lies in the norms that induce this type of behavior.
Over the past few years, legal scholars have begun to devote more attention to the importance of norms in analyzing legal issues.
Part One consists of three essays, by Lynn Stout, Cass Sunstein, and Douglass North, that use the perspectives of cognitive science and behavioral economics to analyze norms that influence the law. Edwards, that deal with the constraints imposed by norms on the judiciary. Finally, in Part Four, Amartya Sen examines the influence formal law has on norms.
While many contemporary critiques of rational choice theory have focused on the assumption of rationality, few have examined 3 Douglass C.
North, Structure and Change in Economic History 47 Putnam, Making Democracy Work: Civic Traditions in Modern Italy Professor Stout argues that the tendency to act in an otherregarding fashion to sacrifice in order to help or harm others is far more pervasive, powerful, and important than generally recognized.
In support of this claim, she reviews the extensive empirical evidence that has been accumulated over the past four decades on human behavior in social dilemma games, ultimatum games, and dictator games. This evidence establishes that in the right circumstances, experimental subjects routinely behave as if they care about costs and benefits to others.
Professor Stout then considers how understanding socially-contingent, other-regarding behavior may offer insights into the nature and workings of social norms.
In particular, she uses the phenomenon of other-regarding preferences to examine questions that are crucial to understanding the role of norms in maintaining societies and countries. These include the questions of what sorts of behavior are most likely to solidify into norms, why people follow norms, and how policymakers can best use norms to change behavior.
In her chapter, Professor Stout also surveys the broad scope of the legal scholarship on law and norms and lays a foundation for the consideration of norms in the rest of this book. His survey of the evaluation of personal injury cases by thousands of people showed that all kinds of demographic groups displayed considerable agreement in how they ranked and rated the cases.
This finding led Professor Sunstein to conclude that the social norms that govern moral outrage and intended punishment are widely shared.
This cohesion breaks down, however, in the evaluation of the dollar amount of damage awards. A study of about 3, people put into 6-person juries showed that deliberation made the lower punishment ratings decrease when compared to the median of predeliberation judgments of individuals, while deliberation made the higher punishment ratings increase and drove up damage awards.
The difference was so dramatic that in 27 percent of the cases the dollar value was as high as, or higher than, the highest individual predeliberation judgment. Drobak in favor of altruism.
Then, Professor Sunstein examines the issue of punitive damages and asks whether the social norms at work in jury deliberation are consistent with optimal deterrence.iii.
retribution and deterrence On the economic theory of punishment, the state’s goal, when imposing penalties, is to ensure optimal deterrence. To increase deterrence, the law might increase the severity of punishment, or instead increase the likelihood of punishment. No substitute for victory: lessons in strategy and leadership from General Douglas MacArthur / Kinni, Theodore B., FT/Prentice Hall, Weber, Larry.
Mining the middle ground: developing mid-level managers for strategic change / Williams, David N., Medal of Honor recipients may apply in writing to the headquarters of the service branch of the medal awarded for a replacement or display Medal of Honor, ribbon, Awarded for: Conspicuous gallantry and intrepidity at the risk of life above and beyond the call of duty.
Blameworthiness, in the criminal law context, is conceived as the carefully calculated end product of discrete judgments about a transgressor’s intentionality, causal proximity to harm, and the.
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