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Author | : Eric Posner |
Publisher | : Harvard University Press |
Total Pages | : 276 |
Release | : 2009-07-01 |
Genre | : Law |
ISBN | : 9780674042308 |
Download Law and Social Norms Book in PDF, ePub and Kindle
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 | : Håkan Hydén |
Publisher | : Routledge |
Total Pages | : 316 |
Release | : 2021-12-28 |
Genre | : Law |
ISBN | : 1000533107 |
Download Sociology of Law as the Science of Norms Book in PDF, ePub and Kindle
This book proposes the study of norms as a method of explaining human choice and behaviour by introducing a new scientific perspective. The science of norms may here be broadly understood as a social science which includes elements from both the behavioural and legal sciences. It is given that a science of norms is not normative in the sense of prescribing what is right or wrong in various situations. Compared with legal science, sociology of law has an interest in the operational side of legal rules and regulation. This book develops a synthesizing social science approach to better understand societal development in the wake of the increasingly significant digital technology. The underlying idea is that norms as expectations today are not primarily related to social expectations emanating from human interactions but come from systems that mankind has created for fulfilling its needs. Today the economy, via the market, and technology via digitization, generate stronger and more frequent expectations than the social system. By expanding the sociological understanding of norms, the book makes comparisons between different parts of society possible and creates a more holistic understanding of contemporary society. The book will be of interest to academics and researchers in the areas of sociology of law, legal theory, philosophy of law, sociology and social psychology.
Author | : John N. Drobak |
Publisher | : Cambridge University Press |
Total Pages | : 308 |
Release | : 2006-07-24 |
Genre | : Law |
ISBN | : 9780521680790 |
Download Norms and the Law Book in PDF, ePub and Kindle
This book contains perspectives of world-renowned scholars from the fields of law, economics, and political science about the relationship between law and norms. The authors take different approaches by using a wide variety of perspectives from law, legal history, neoclassical economics, new institutional economics, game theory, political science, cognitive science, and philosophy. The essays examine the relationship between norms and the law in four different contexts. Part One consists of essays that use the perspectives of cognitive science and behavioral economics to analyze norms that influence the law. In Part Two, the authors use three different types of common property to examine cooperative norms. Part Three contains essays that deal with the constraints imposed by norms on the judiciary. Finally, Part Four examines the influence formal law has on norms.
Author | : Francesco Parisi |
Publisher | : Oxford University Press |
Total Pages | : 593 |
Release | : 2017 |
Genre | : Business & Economics |
ISBN | : 0199684200 |
Download The Oxford Handbook of Law and Economics Book in PDF, ePub and Kindle
The Oxford Handbook of Law and Economics applies the theoretical and empirical methods of economics to the study of law. Volume 2 surveys Private and Commercial Law.
Author | : Joost Pauwelyn |
Publisher | : Cambridge University Press |
Total Pages | : 557 |
Release | : 2003-07-31 |
Genre | : Law |
ISBN | : 1139436902 |
Download Conflict of Norms in Public International Law Book in PDF, ePub and Kindle
One of the most prominent and urgent problems in international governance is how the different branches and norms of international law interact and what to do in the event of conflict. With no single 'international legislator' and a multitude of states, international organisations and tribunals making and enforcing the law, the international legal system is decentralised. This leads to a wide variety of international norms, ranging from customary international law and general principles of law, to multilateral and bilateral treaties on trade, the environment, human rights, the law of the sea, etc. Pauwelyn provides a framework on how these different norms interact, focusing on the relationship between the law of the World Trade Organisation (WTO) and other rules of international law. He also examines the hierarchy of norms within the WTO treaty. His recurring theme is how to marry trade and non-trade rules, or economic and non-economic objectives at the international level.
Author | : Matthias Baier |
Publisher | : Routledge |
Total Pages | : 377 |
Release | : 2016-04-01 |
Genre | : Law |
ISBN | : 1317054091 |
Download Social and Legal Norms Book in PDF, ePub and Kindle
In an era where new areas of life and new problems call for normative solutions while the plurality of values in society challenge the very basis for normative solutions, this book looks at a growing field of research on the relations between social and legal norms. New technologies and social media offer new ways to communicate about normative issues and the centrality of formal law and how normativity comes about is a question for debate. This book offers empirical and theoretical research in the field of social and legal norms and will inspire future debate and research in terms of internationalization and cross-national comparative studies. It presents a consistent picture of empirical research in different social and organizational areas and will deepen the theoretical understanding regarding the interplay between social and legal norms. Including chapters written from four different aspects of normativity, the contributors argue that normativity is a result of combinations between law in books, law in action, social norms and social practice. The book uses a variety of different international examples, ranging from Sweden, Uzbekistan, Colombia and Mexico. Primarily aimed at scholars in sociology of law, socio-legal studies, law and legal theory, the book will also interest those in sociology, political science and psychology.
Author | : Professor Sue Farran |
Publisher | : Ashgate Publishing, Ltd. |
Total Pages | : 257 |
Release | : 2015-08-28 |
Genre | : Law |
ISBN | : 1472460405 |
Download The Diffusion of Law Book in PDF, ePub and Kindle
This collection contributes to the wider theoretical debate concerning the movement of law and legal norms by engaging with concrete examples of legal diffusion in jurisdictions as diverse as Albania, the Czech Republic, Poland and Kuwait. The volume is international, multi-disciplinary and multi-methodological in approach and brings together scholars from law and social science with experience in mixed and hybrid jurisdictions. The book provides timely new insights and a comprehensive illustration of the theoretical debates concerning the diffusion of laws and norms in terms of both process and form.
Author | : Friedrich V. Kratochwil |
Publisher | : Cambridge University Press |
Total Pages | : 332 |
Release | : 1991-04-26 |
Genre | : Law |
ISBN | : 9780521409711 |
Download Rules, Norms, and Decisions Book in PDF, ePub and Kindle
This book assesses the impact of norms on decision-making. It argues that norms influence choices not by being causes for actions, but by providing reasons. Consequently it approaches the problem via an investigation of the reasoning process in which norms play a decisive role. Kratochwil argues that, depending upon the strictness the guidance norms provide in arriving at a decision, different styles of reasoning with norms can be distinguished. While the focus in this book is largely analytical, the argument is developed through the interpretation of the classic thinkers in international law (Grotius, Vattel, Pufendorf, Rousseau, Hume, Habermas).
Author | : Paweł Kwiatkowski |
Publisher | : BRILL |
Total Pages | : 436 |
Release | : 2021-02-08 |
Genre | : Philosophy |
ISBN | : 9004448446 |
Download Poznań School of Legal Theory Book in PDF, ePub and Kindle
This book grew out of the conviction that the original concepts of the Poznań School of Legal Theory are still perfectly suited for application today, in the era of moral pluralism and multicentric legal systems. Moreover, since we are in the midst of a period of heated disputes over the grounds of the normativity of law, and are confronting controversies about the basis for the legitimacy of court decisions, over the results of legal interpretation, and concerning the coherence of legal systems, it would seem that the legal-theoretical proposals put forward by the circle of Poznań legal theorists, supported as they are by firm methodological foundations, have not by any means lost their value.
Author | : William E. Scheuerman |
Publisher | : MIT Press |
Total Pages | : 348 |
Release | : 1997-01-22 |
Genre | : Philosophy |
ISBN | : 9780262691963 |
Download Between the Norm and the Exception Book in PDF, ePub and Kindle
Winner, 1996 Elaine and David Spitz Book Prize for the best book onliberal and democratic theory, Conference for the Study of Political Thought. Winner, 1994 First Book Prize, Foundations of Political Thought Organized Section, American Political Science Association. Between the Norm and the Exception contributes historical insight to the ongoing debate over the future of the rule of law in welfare-state capitalist democracies. The core issue is whether or not society can offer its citizens welfare-state guarantees and still preserve the liberal vision of a norm-based legal system. Franz Neumann and Otto Kirchheimer, in an age dominated by Hitler and Stalin, sought to establish a sound theoretical basis for the "rule of law" ideal. As an outcome of their sophisticated understanding of the liberal political tradition, their writings suggest a theoretical missed opportunity, an alternative critical theory that might usefully be applied in understanding (and perhaps countering) the contemporary trend toward the deformalization of law.