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Full-Text Articles in Law
Motivational Law , Arnold S. Rosenberg
Motivational Law , Arnold S. Rosenberg
Cleveland State Law Review
After defining the concept of motivational law and giving several examples in Parts II.A and II.B, I discuss in Part II.C how motivational law fits into theories of law. In Part II.D, I explore the boundaries of motivational law and what it means to say that a law is "motivational." Part III.A examines motivational law as a type of intrinsic social control, and Part III.B explains how motivational law works through moral community-building, naming and shaming, cognitive dissonance and cognitive biases. Part IV.A asks why motivational law often fails, IV.B looks at the equivocal evidence of the efficacy of religious …
Capital In Chaos: The Subprime Mortgage Crisis And The Social Capital Response , Raymond H. Brescia
Capital In Chaos: The Subprime Mortgage Crisis And The Social Capital Response , Raymond H. Brescia
Cleveland State Law Review
Can law create trust? Can law make people more trustworthy? These are some of the questions posed by scholars across the political spectrum interested in the impact of law on society. There is no shortage of arguments on both sides of these questions: that law can be a tool for promoting trust, or destroying it. This Article is an attempt to address these questions through an analysis of a single market, to explore the interplay between law and trust in a situation of abject market failure: the subprime mortgage crisis in the United States. Initially, I will introduce the concept …