Law and Social Norms
By (author) Eric A. Posner
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Law and Social Norms by Eric A. Posner
Book DescriptionWhat is the role of law in a society in which order is maintained mostly through social norms, trust, and non-legal 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 co-operative relationships leads them to engage in certain kinds of imitative behaviour. The resulting behavioural patterns are called social norms. Posner applies the model to several areas of law that involves the regulation of social norms, including laws governing gift-giving and non-profit organisations; family law; criminal law; laws governing speech, voting and discrimination; and contract law. Among the engaging questions posed are: would the legalisation 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 penalised? 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.
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Book DetailsISBN: 9780674008144
(241mm x 155mm x 18mm)
Imprint: Harvard University Press
Publisher: Harvard University Press
Publish Date: 1-Mar-2002
Country of Publication: United States
Books By Author Eric A. Posner
Twilight of Human Rights Law, Hardback (December 2014)
Nearly all countries have ratified nearly all the major human rights treaties, and all governments profess support for human rights, yet most countries flagrantly violate the human rights of their citizens.
Economic Foundations of International Law, Hardback (January 2013)
Exchange of goods and ideas among nations, cross-border pollution, global warming, and international crime pose formidable questions for international law. Two respected scholars provide an intellectual framework for assessing these problems from a rational choice perspective and describe conditions under which international law succeeds or fails.
Perils of Global Legalism, Paperback (March 2012)» View all books by Eric A. Posner
Demonstrates that the weaknesses of international rule of law confound legalist ambitions - and that whatever their professed commitments, all nations stand ready to dispense with international agreements when it suits their short- or long-term interests.
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Author Biography - Eric A. Posner
Eric A. Posner is Kirkland and Ellis Professor of Law at the University of Chicago Law School.
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