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Full-Text Articles in Entertainment, Arts, and Sports Law
Expanding The Inner Circle: How Welfarist Norms Escape In-Groups, Alexander D. Jakle
Expanding The Inner Circle: How Welfarist Norms Escape In-Groups, Alexander D. Jakle
Alexander D. Jakle
I explore the influence of social mechanisms by which welfarist norms come to be appropriate by those outside the social group for which they were developed, and how they lead to patterned deviance from the law. Drawing on literature from law and society, law and economics, political science, social theory, and other fields, I use original research from a qualitative study of amateur baseball players to analyze the interplay between norms, groups, and deviance. Relationships with agents is widespread, despite being against both NCAA Bylaws and most players economic incentives. To explain this seemingly irrational pattern of rule-breaking, I argue …
The Lies We Tell Ourselves: Confidence, Self-Deception, And Their Effects On "Rationality" And Deviance, Alexander D. Jakle
The Lies We Tell Ourselves: Confidence, Self-Deception, And Their Effects On "Rationality" And Deviance, Alexander D. Jakle
Alexander D. Jakle
Law and economics suggests that we behave in ways that maximize our preferences, but what if we are deceived about what we want or how best to get it? This article explores how the psychology of self-deception can be marshaled to explain unexpected patterns of law-breaking and deviance. Using original research from a qualitative case study of amateur NCAA baseball players, I examine the ways in which self-deception leads us to systematically reinterpret and process information, fundamentally changing how we weigh the costs and benefits associated with breaking rules. Our preferences are inextricably interwoven with our identities, and we go …
Wrestling With Gender: Constructing Masculinity By Refusing To Wrestle Women, Deborah Brake
Wrestling With Gender: Constructing Masculinity By Refusing To Wrestle Women, Deborah Brake
Articles
In February of 2011, an Iowa high school boy captured national attention when he refused to wrestle a girl at the state championship meet. The media shaped the story into a tale that honored the boy for sacrificing personal gain out of a moral imperative to “never hurt a girl.” Unpacking this incident reveals several “fault lines” in U.S. culture that often derail gender equality projects: (1) religion/morality is interposed as an oppositional and equally weighty social value that neutralizes an equality claim; (2) the agency of persons supporting traditional gender norms is assumed, while the agency of persons contesting …