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Norms and the Law
By
John N. Drobak
Description
This book contains perspectives of
world-renowned scholars from the fields of law, economics, and
political science about the relationship between law and norms. The
authors take different approaches by using a wide variety of
perspectives from law, legal history, neoclassical economics, new
institutional economics, game theory, political science, cognitive
science, and philosophy. The essays examine the relationship between
norms and the law in four different contexts. Part One consists of
essays that use the perspectives of cognitive science and behavioral
economics to analyze norms that influence the law. In Part Two, the
authors use three different types of common property to examine
cooperative norms. Part Three contains essays that deal with the
constraints imposed by norms on the judiciary. Finally, Part Four
examines the influence formal law has on norms.
• World-renowned scholars from
law, economics, and political science, including two recipients of
the Nobel Prize in Economics • Unique blend of perspectives from
areas such as law, legal history, neoclassical economics, political
science and game theory • Analysis of the relationship between
law and norms in four contexts: behavioral science, common property,
the judiciary, and philosophy
Contents
Introduction John N. Drobak; Part I.
Rationality and Norms: 1. Social norms and other-regarding
preferences Lynn A. Stout; 2. Damages, norms, and punishment Cass R.
Sunstein; 3. Cognitive science and the study of the ‘rules of
the game’ in a world of uncertainty Douglass C. North; Part II.
Norms of the Commons: 4. Norms of the household Robert C. Ellickson;
5. Commons Lawrence Lessig; 6. How norms help reduce the tragedy of
the commons: a multi-layer framework for analyzing field experiments
Juan-Camilo Cárdenas and Elinor Ostrom; Part III. Judicial
Norms: 7. Judging the judges: some remarks on the way judges think
and the way judges act Lawrence M. Friedman; 8. Judicial independence
in a democracy: institutionalizing judicial restraint John Ferejohn
and Larry D. Kramer; 9. Black judges and ascriptive group identity
Kathryn Abrams; 10. Judicial norms: a judge\\\'s perspectives Harry T.
Edwards; Part IV. The Influence of Law on Norms: 11. Normative
evaluation and legal analogues Amartya Sen; References; Index.
Contributors
John N. Drobak, Lynn A. Stout, Cass R.
Sunstein, Douglass C. North, Robert C. Ellickson, Lawrence Lessig,
Juan-Camilo Cárdenas, Elinor Ostrom, Lawrence M. Friedman,
John Ferejohn, Larry D. Kramer, Kathryn Abrams, Harry T. Edwards,
Amartya Sen
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