Law and social norms

Type

Book

Authors

Posner, Eric A.

ISBN 10

0674001567

ISBN 13

9780674001565

DDC

340

Tags

Theory, Legal Self-Help, Sociology, Economic Theory, Law

Abstract

"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 such norms is a delicate and complex task, and that current understanding of them 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."--Jacket.

Description

Content:
Introduction: law and collective action -- A model of cooperation and the production of social norms -- Extensions, objections, and alternative theories -- Gifts and gratuitous promises -- Family law and social norms -- Status, stigma, and the criminal law -- Voting, political participation, and symbolic behavior -- Racial discrimination and nationalism -- Contract law and commercial behavior -- Efficiency and distributive justice -- Incommensurability, commodification, and money -- Autonomy, privacy, and community.

Biblio Notes

Includes bibliographical references (pages 237-252) and index.
Item catalogued by Author, then by title as Posner is such a prolific author.

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