Inexpressive law
According to expressive law theories, expression of values is an important function played by the law. Expressive laws affect behavior, not by threatening sanctions or promising rewards, but by changing individual preferences and tastes and, in some cases, by affecting social norms and values. New laws, however, can run against sticky social norms, failing to achieve their expressive effects. By developing a dynamic model, in this paper we show that inexpressive laws (laws whose expressive function is undermined by sticky norms) can not only be ineffective but can push the values of society away from those expressed by the law. We study the effects of legal intervention on the values shared by members of society, considering the feedback effects between laws and social norms. Just like expressive laws can foster consensus in heterogeneous groups, inexpressive laws can create a social divide, even in previously homogeneous societies.
Year of publication: |
2010
|
---|---|
Authors: | Carbonara, Emanuela ; Parisi, Francesco ; von Wangenheim, Georg |
Publisher: |
Marburg : Philipps-University Marburg, Faculty of Business Administration and Economics |
Subject: | Soziale Norm | Recht | Rechtsdurchsetzung | Dynamisches Modell | Theorie | social norms | countervailing effect | expressive law | civil disobedience |
Saved in:
freely available
Series: | |
---|---|
Type of publication: | Book / Working Paper |
Type of publication (narrower categories): | Working Paper |
Language: | English |
Other identifiers: | 623218925 [GVK] hdl:10419/56522 [Handle] |
Classification: | K10 - Basic Areas of Law. General ; K42 - Illegal Behavior and the Enforcement of Law ; D70 - Analysis of Collective Decision-Making. General ; B52 - Institutional; Evolutionary ; Z13 - Social Norms and Social Capital |
Source: |
Persistent link: https://www.econbiz.de/10010286368