The Behavior of Law
Author | : Donald Black |
Publisher | : |
Total Pages | : 175 |
Release | : 1980 |
Genre | : Deviant behavior |
ISBN | : |
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Author | : Donald Black |
Publisher | : |
Total Pages | : 175 |
Release | : 1980 |
Genre | : Deviant behavior |
ISBN | : |
Author | : Donald Black |
Publisher | : Emerald Group Publishing |
Total Pages | : 175 |
Release | : 1976 |
Genre | : Psychology |
ISBN | : 9780121026523 |
This book contains a number of propositions about the variation of law across social space. The purpose of these propositions is to predict and explain this variation, and so to contribute to a scientific theory of law. Theory of this kind has practical applications, and also applications to the study of other social life.
Author | : Laura Nader |
Publisher | : U of Nebraska Press |
Total Pages | : 328 |
Release | : 1986 |
Genre | : Psychology |
ISBN | : |
The effect of the law on human behavior is contemporary society?nothing less is the concern of this important book. It is curious that scholars in psychology and law have largely neglected this topic because studies of the effects of law on behavior may have much to teach about the role of social regulation in human motivation more generally. Similarly, such studies may offer jurisprudential scholars new ways of thinking about the role of law in human experience.øHere seven leading experts on law and the social sciences discuss the contributions their research c an make to the legal system. Concerned with the relationship between the law and both individual and group behavior, they examine the law as an instrument of social stasis and social change and as an element of personal motivation. The result is a major step toward the development of a psychology of jurisprudence. The scope of this book is in the best tradition of the Nebraska Symposium on Motivation and a fitting celebration of the tenth anniversary of the University of Nebraska-Lincoln?s Law/Psychology Program, the first integrated graduate training program in psycho-legal studies. Drawing from law, anthropology, sociology, psychology, and philosophy, the contributors take a truly interdisciplinary approach to understanding the instrumentality of law.
Author | : Candace Vernelle Lucas |
Publisher | : |
Total Pages | : 140 |
Release | : 1985 |
Genre | : |
ISBN | : |
Author | : Eric Posner |
Publisher | : Harvard University Press |
Total Pages | : 276 |
Release | : 2009-07-01 |
Genre | : Law |
ISBN | : 9780674042308 |
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.
Author | : Lawrence Meir Friedman |
Publisher | : MICHIE |
Total Pages | : 1148 |
Release | : 1977 |
Genre | : Psychology |
ISBN | : |
Author | : |
Publisher | : |
Total Pages | : 34 |
Release | : 2002 |
Genre | : |
ISBN | : |
Author | : Luigi Cominelli |
Publisher | : Springer |
Total Pages | : 198 |
Release | : 2018-07-04 |
Genre | : Law |
ISBN | : 3319893483 |
This book’s basic hypothesis – which it proposes to test with a cognitive-sociological approach – is that legal behavior, like every form of human behavior, is directed and framed by biosocial constraints that are neither entirely genetic nor exclusively cultural. As such, from a sociological perspective the law can be seen as a super-meme, that is, as a biosocial constraint that develops only in complex societies. This super-meme theory, by highlighting a fundamental distinction between defensive and assertive biases, might explain the false contradiction between law as a static and historical phenomenon, and law as a dynamic and promotional element. Socio-legal scholars today have to face the challenge of pursuing a truly interdisciplinary approach, connecting all the fields that can contribute to building a modern theory of normative behavior and social action. Understanding and framing concepts such as rationality, emotion, or justice can help to overcome the significant divide between micro and macro sociological knowledge. Social scientists who are interested in the law must be able to master the epistemological discourses of different disciplines, and to produce fruitful syntheses and bridge-operations so as to understand the legal phenomenon from each different point of view. The book adopts four perspectives: sociological, psychological, biological-evolutionary and cognitive. All of them have the potential to be mutually integrated, and constitute that general social science that provides common ground for exchange. The goal is to arrive at a broad and integrated view of the socio-legal phenomenon, paving the way for a comprehensive theory of norm-oriented and norm-perceived actions.
Author | : Roy Shapira |
Publisher | : Cambridge University Press |
Total Pages | : 271 |
Release | : 2020-09-17 |
Genre | : Law |
ISBN | : 1316946916 |
The legal system affects behavior not just directly, by imposing sanctions, but also indirectly, by producing information on how people behave. For example, internal company documents exposed during litigation will help third parties assess whether they trust a company and want to keep doing business with it. The law therefore affects behavior by shaping reputations. Drawing on economics, communications, and a nascent multidisciplinary literature on reputation, Roy Shapira highlights how reputation works, and how information from the courtroom affects the court of public opinion, with a particular emphasis on the role of the media. By fleshing out interactions between law and reputation, Shapira corrects common misperceptions about the ability of market forces to discipline corporate behavior and adds to timely, ongoing debates such as the desirability of heightened pleading standards or mandatory arbitration clauses. Law and Reputation should interest any scholar who invokes notions of market discipline in their work.
Author | : Harlan Grant Cohen |
Publisher | : Cambridge University Press |
Total Pages | : 311 |
Release | : 2021-04-01 |
Genre | : Law |
ISBN | : 131699077X |
This volume includes chapters from an exciting group of scholars at the cutting edge of their fields to present a multi-disciplinary look at how international law shapes behavior. Contributors present overviews of the progress established fields have made in analyzing questions of interest, as well as speculations on the questions or insights that emerging methods might raise. In some chapters, there is a focus on how a particular method might raise or help answer questions, while others focus on a particular international law topic by drawing from a variety of fields through a multi-method approach to highlight how these fields may come together in a single project. Still others use behavioral insights as a form of critique to highlight the blind spots and related mistakes in more traditional analyses of the law. Throughout this volume, authors present creative, insightful, challenges to traditional international law scholarship.