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Learning the law

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  • ENGEL, CHRISTOPH

Abstract

In the population, the knowledge of the law is at best fragmentary. It takes law students years to handle the law properly. How is the law nonetheless able to govern people's lives? To find an explanation, this paper draws on neurobiology, developmental psychology, and the psychology of learning. Typically, the law reaches its addressees indirectly. The law is not followed, it is learned. There are two learning objects. In childhood, individuals acquire normative proficiency, i.e. the ability to handle normative expectations. This procedural knowledge is gradually filled with the declarative knowledge of individual normative expectations of legal origin. If the law changes, through secondary learning, individuals must acquire new normative expectations. To that end, some intermediary must translate the new rule into a more contextualized social mirror rule. If changes are fundamental, as after the fall of the iron curtain, individuals must also learn new ways to handle normative expectations.

Suggested Citation

  • Engel, Christoph, 2008. "Learning the law," Journal of Institutional Economics, Cambridge University Press, vol. 4(3), pages 275-297, December.
  • Handle: RePEc:cup:jinsec:v:4:y:2008:i:03:p:275-297_00
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    Citations

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    Cited by:

    1. Christoph Engel, 2006. "The Difficult Reception of Rigorous Descriptive Social Science in the Law," Discussion Paper Series of the Max Planck Institute for Research on Collective Goods 2006_1, Max Planck Institute for Research on Collective Goods.
    2. Du Laing Bart, 2011. "Bio-Legal History, Dual Inheritance Theory and Naturalistic Comparative Law: On Content and Context Biases in Legal Evolution," Review of Law & Economics, De Gruyter, vol. 7(3), pages 685-709, December.
    3. Christoph Engel & Urs Schweizer, 2015. "Does the Law Deliver? 32nd International Seminar on the New Institutional Economics June 11-14, 2014, Regensburg, Germany," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 171(1), pages 1-5, March.
    4. Benjamin Justice & Tracey L. Meares, 2014. "How the Criminal Justice System Educates Citizens," The ANNALS of the American Academy of Political and Social Science, , vol. 651(1), pages 159-177, January.
    5. Meyer, Claas & Matzdorf, Bettina & Müller, Klaus & Schleyer, Christian, 2014. "Cross Compliance as payment for public goods? Understanding EU and US agricultural policies," Ecological Economics, Elsevier, vol. 107(C), pages 185-194.
    6. Dughera, Stefano & Giraudo, Marco, 2020. "Privacy Rights in Online Interactions and Litigation Dynamics: a Social Custom View," Department of Economics and Statistics Cognetti de Martiis. Working Papers 202003, University of Turin.
    7. Christoph Engel & Alon Klement & Karen Weinshall Margel, 2017. "Diffusion of Legal Innovations: The Case of Israeli Class Actions," Discussion Paper Series of the Max Planck Institute for Research on Collective Goods 2017_11, Max Planck Institute for Research on Collective Goods, revised Jan 2018.
    8. Christoph Engel, 2007. "Institutions for Intuitive Man," Discussion Paper Series of the Max Planck Institute for Research on Collective Goods 2007_12, Max Planck Institute for Research on Collective Goods.
    9. Christoph Engel & Michael Kurschilgen, 2011. "The Coevolution of Behavior and Normative Expectations. Customary Law in the Lab," Discussion Paper Series of the Max Planck Institute for Research on Collective Goods 2011_32, Max Planck Institute for Research on Collective Goods.

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