What is the role of law in a society in which order is maintained
mostly through social norms, trust, and nonlegal sanctions? Eric
Posner argues that social norms are sometimes desirable yet
sometimes odious, and that the law is critical to enhancing good
social norms and undermining bad ones. But he also argues that the
proper regulation of social norms is a delicate and complex task,
and that current understanding of social norms is inadequate for
guiding judges and lawmakers. What is needed, and what this book
offers, is a model of the relationship between law and social
norms. The model shows that people's concern with establishing
cooperative relationships leads them to engage in certain kinds of
imitative behavior. The resulting behavioral patterns are called
social norms.
Posner applies the model to several areas of law that involve
the regulation of social norms, including laws governing
gift-giving and nonprofit organizations; family law; criminal law;
laws governing speech, voting, and discrimination; and contract
law. Among the engaging questions posed are: Would the legalization
of gay marriage harm traditional married couples? Is it beneficial
to shame criminals? Why should the law reward those who make
charitable contributions? Would people vote more if non-voters were
penalized? The author approaches these questions using the tools of
game theory, but his arguments are simply stated and make no
technical demands on the reader.
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