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Full-Text Articles in Legal Writing and Research
Signaling Or Reciprocating? A Response To Eric Posner's Law And Social Norms, Dan M. Kahan
Signaling Or Reciprocating? A Response To Eric Posner's Law And Social Norms, Dan M. Kahan
University of Richmond Law Review
There is an almost heretical disenchantment with law percolating within the legal academy. Conventional wisdom sees law as the natural solution to problems of collective action. When attaining some societal good-for example, a clean environment, a stock of useful technologies, a public education system, or a transportation infrastructure-depends on the willingness of individuals to behave in a manner that is not in their material interest, the law supplies incentives-such as tax abatements for nonpolluters, property rights for inventors, and punishments for tax cheats-that bring individual interests into alignment with collective ones. The problem, though, is that a regime of regulatory …
Norms And Signals: Some Skeptical Observations, Paul G. Mahoney
Norms And Signals: Some Skeptical Observations, Paul G. Mahoney
University of Richmond Law Review
Law and Social Norms is just what the growing field of norms scholarship needed. Legal scholars have generated an impressive body of observations about the myriad situations in which individuals pressure one another to act civilly. Eric Posner's book provides a simple, elegant model with very few working parts and promises to go a long way toward connecting these observations to form a coherent whole.
Signaling, Legitimacy, And Compliance: A Comment On Posner's Law And Social Norms And Criminal Law Policy, Tracey L. Meares
Signaling, Legitimacy, And Compliance: A Comment On Posner's Law And Social Norms And Criminal Law Policy, Tracey L. Meares
University of Richmond Law Review
Although criminal law can be justified with respect to non-utilitarian goals such as retribution, no one can deny that one way to justify criminal law is with respect to the instrumental ends of deterrence. So, one question of interest to scholars in the field has been how to think about the kinds of criminal law policy that encourage compliance. My own work has focused on this important question. Specifically, I have been concerned with the ways in which different kinds of criminal proscriptions, along with certain methods of law enforcement, could affect crime rates in disadvantaged, urban neighborhoods. In undertaking …