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Law Commons

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Series

SSRN

Columbia Law School

Public Law and Legal Theory

2000

Articles 1 - 2 of 2

Full-Text Articles in Law

After The "Social Meaning Turn": Implications For Research Design And Methods Of Proof In Contemporary Criminal Law Policy Analysis, Bernard E. Harcourt Jan 2000

After The "Social Meaning Turn": Implications For Research Design And Methods Of Proof In Contemporary Criminal Law Policy Analysis, Bernard E. Harcourt

Faculty Scholarship

The social norm movement in criminal justice has received a lot of attention in academic and public policy circles. This essay critically examines social norm writings and explores some of the implications for methods of proof and research design in the social sciences. In the process, the essay offers an alternative theoretical approach. This alternative focuses on the multiple ways in which the social meaning of practices (such as juvenile gun possession, gang membership, or disorderly conduct) and the social meaning of policing techniques (such as juvenile snitching policies, youth curfews, or order-maintenance policing) may shape us as contemporary subjects ...


The Liberal Commons, Hanoch Dagan, Michael Heller Jan 2000

The Liberal Commons, Hanoch Dagan, Michael Heller

Faculty Scholarship

Must we choose between the benefits of cooperative use of scarce resources and our liberal commitments to autonomy and exit? No. Law can mediate community and liberty? a theory of the liberal commons provides the bridge that reconciles these two seemingly contradictory imperatives. Liberal commons institutions enable a limited group of people to capture the economic and social benefits from cooperation, while also ensuring autonomy to individuals through a secure right to exit. This Article shows how current theories obscure the most salient tradeoffs in managing commons resources; details the liberal commons model comprising the decision-making spheres of individual dominion ...