Economics Dictionary of ArgumentsHome
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Emanuela Carbonara on Law - Dictionary of Arguments
Parisi I 472 Law/laws/Carbonara: (…) the law carries the power to express social values. This is what scholars define as “the expressive power of the law,” which has the ability to signal what society expects from its members and to mold individual preferences. In contexts in which a social norm does not exist or where multiple norms coexist, lawmakers may be willing to “manage” social norms, creating new ones or bending existing ones towards what they reckon to be more acceptable behavior. This is likely when existing norms are considered either inefficient or unfair towards parts of the society. In their “management” activity, lawmakers can use the “expressive” function of the law (Sunstein, 1996(1); McAdams, 1997(2); Cooter, 1998(3), 2000(4)): by enacting a law, the government makes a “statement” that strengthens the desired norms embodied in the law while weakening undesired ones. >Norms, >Social norms, >Legislation. 1. Sunstein, Cass R. (1996). “On the Expressive Function of Law.” University of Pennsylvania Law Review 144: 2021–2053. 2. McAdams, Richard H. (1997). “The Origin, Development, and Regulation of Norms.” Michigan Law Review 96: 338–433. 3. Cooter, Robert D. (1998). “Expressive Law and Economics.” Journal of Legal Studies 27: 585–608. 4. Cooter, Robert D. (2000). “Do Good Laws Make Good Citizens? An Economic Analysis of Internalized Norms.” Virginia Law Review 86: 1577–1601. Emanuela Carbonara. “Law and Social Norms”. In: Parisi, Francesco (ed) (2017). The Oxford Handbook of Law and Economics. Vol 1: Methodology and Concepts. NY: Oxford University._____________Explanation of symbols: Roman numerals indicate the source, arabic numerals indicate the page number. The corresponding books are indicated on the right hand side. ((s)…): Comment by the sender of the contribution. Translations: Dictionary of Arguments The note [Concept/Author], [Author1]Vs[Author2] or [Author]Vs[term] resp. "problem:"/"solution:", "old:"/"new:" and "thesis:" is an addition from the Dictionary of Arguments. If a German edition is specified, the page numbers refer to this edition. |
Carbonara, Emanuela Parisi I Francesco Parisi (Ed) The Oxford Handbook of Law and Economics: Volume 1: Methodology and Concepts New York 2017 |
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