Law and Social Norms / Eric Posner.
Posner, Eric, author.
2009
K370 .P67 2000eb
Available Online

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Title Law and Social Norms / Eric Posner.
Author Posner, Eric, author.
ISBN 9780674042308
DOI https://doi.org/10.4159/9780674042308
Published Cambridge, MA : Harvard University Press, [2009]
Copyright ©2002
Language English
Language Note In English.
Description 1 online resource (272 p.)
Other Standard Identifiers 10.4159/9780674042308 doi
Call Number K370 .P67 2000eb
Dewey Decimal Classification 340/.115
Summary 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.
Access Note Access limited to authorized users.
System Details Note Mode of access: Internet via World Wide Web.
Digital File Characteristics text file PDF
Source of Description Description based on online resource; title from PDF title page (publisher's Web site, viewed 01. Dez 2022)
In Harvard University Press eBook Package Backlist 2000-2013
Linked Resources Online Access
Record Appears in Online Resources > Ebooks
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Frontmatter
Contents
1 Introduction: Law and Collective Action
Part one Models of Nonlegal Collective Action
2 A Model of Cooperation and the Production of Social Norms
3 Extensions, Objections, and Alternative Theories
Part two 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
Part three Normative Implications
10 Efficiency and Distributive Justice
11 Incommensurability, Commodification, and Money
12 Autonomy, Privacy, and Community
Notes
References
Acknowledgments
Index

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