Psychology Dictionary of ArgumentsHome
| |||
|
| |||
| Author | Concept | Summary/Quotes | Sources |
|---|---|---|---|
|
Oliver Wendell Holmes on Laws - Dictionary of Arguments
Parisi I 466 Laws/norms/Holmes/Carbonara: Legal norms are often seen as a means to regulate individuals when self-interest does not produce the desired behavior as measured by efficiency and fairness.1 As Oliver Wendell Holmes, Jr. (1897)(1) posited, laws are for the “bad man,” a man “who cares nothing for an ethical rule which is believed and practised by his neighbours.” Then, laws should matter when neither self-interest nor social norms provide the right incentives to individuals. Carbonara: This latter statement paves the way for a twofold argument. On the one hand, it seems to suggest that the law should regulate those areas in which social norms do not exist and provide support and extra enforcement in those areas where social norms exist. On the other hand, there seems to be no questioning of the intrinsic efficiency and fairness of existing social norms. >Social norms, >Efficiency, >Fairness. 1. Holmes, Oliver W. (1897). “The Path of the Law.” Harvard Law Review 10: 457–478. 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. |
LawHolm I Oliver Wendell Holmes Jr. The Common Law Mineola, NY 1991 Parisi I Francesco Parisi (Ed) The Oxford Handbook of Law and Economics: Volume 1: Methodology and Concepts New York 2017 |
||
