Unjust laws and illegal norms
AbstractDue to a variety of circumstances, lawmakers occasionally create laws whose aims are perceived as outright unjust by the majority of the people. In other situations, the law may utilize improper means for the pursuit of a just goal. In all such cases, lawmaking processes generate rules that do not reflect the values of the underlying population. In these cases individuals may face legal commands or prohibitions that conflict with their sense of justice or fairness. Individuals can oppose unjust laws through protest. Social opposition to unjust laws may trigger social norms that can have countervailing effects on legal intervention. The dynamic effects of these phenomena are the object of this paper.
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Bibliographic InfoArticle provided by Elsevier in its journal International Review of Law and Economics.
Volume (Year): 32 (2012)
Issue (Month): 3 ()
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Web page: http://www.elsevier.com/locate/irle
Social norms; Countervailing effect; Expressive function; Law enforcement; Civil disobedience;
Find related papers by JEL classification:
- K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
- K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law
- D70 - Microeconomics - - Analysis of Collective Decision-Making - - - General
- B52 - Schools of Economic Thought and Methodology - - Current Heterodox Approaches - - - Institutional; Evolutionary
- Z13 - Other Special Topics - - Cultural Economics - - - Economic Sociology; Economic Anthropology; Social and Economic Stratification
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
- Gneezy, Uri & Rustichini, Aldo, 2000.
"A Fine is a Price,"
The Journal of Legal Studies,
University of Chicago Press, vol. 29(1), pages 1-17, January.
- Bohnet, Iris & Cooter, Robert, 2001.
"Expressive Law: Framing or Equilibrium Selection?,"
Berkeley Olin Program in Law & Economics, Working Paper Series
qt5h6970h8, Berkeley Olin Program in Law & Economics.
- Sushil Bikhchandani & David Hirshleifer & Ivo Welch, 2010.
"A theory of Fads, Fashion, Custom and cultural change as informational Cascades,"
Levine's Working Paper Archive
1193, David K. Levine.
- Bikhchandani, Sushil & Hirshleifer, David & Welch, Ivo, 1992. "A Theory of Fads, Fashion, Custom, and Cultural Change in Informational Cascades," Journal of Political Economy, University of Chicago Press, vol. 100(5), pages 992-1026, October.
- Paul Robinson, . "Why Does The Criminal Law Care What The Lay Persons Thinks Is Just? Coercive Versus Normative Crime Control," Scholarship at Penn Law upenn_wps-1050, University of Pennsylvania Law School.
- Alon Harel & Alon Klement, 2007. "The Economics of Stigma: Why More Detection of Crime May Result in Less Stigmatization," The Journal of Legal Studies, University of Chicago Press, vol. 36(2), pages 355-377, 06.
- Bar-Gill, Oren & Harel, Alon, 2001.
"Crime Rates and Expected Sanctions: The Economics of Deterrence Revisited,"
The Journal of Legal Studies,
University of Chicago Press, vol. 30(2), pages 485-501, Part I Ju.
- Bar-Gill, O. & Harel, A., 2000. "Crime Rates and Expected Sanctions: The Economics of Deterrence Revisited," Papers 00-14, Tel Aviv.
- Bar-Gill, O. & Harel, A., 2000. "Crime Rates and Expected Sanctions: The Economics of Deterrence Revisited," Papers 2000-14, Tel Aviv.
- Cooter, Robert, 1998. "Expressive Law and Economics," The Journal of Legal Studies, University of Chicago Press, vol. 27(2), pages 585-608, June.
- Oksanen Ville & Välimäki Mikko, 2007. "Theory of Deterrence and Individual Behavior. Can Lawsuits Control File Sharing on the Internet?," Review of Law & Economics, De Gruyter, vol. 3(3), pages 693-714, December.
- Cooter, Robert, 1998. "Expressive Law and Economics," Berkeley Olin Program in Law & Economics, Working Paper Series qt3w34j60j, Berkeley Olin Program in Law & Economics.
- Carbonara, Emanuela & Pasotti, Piero, 2010. "Social dynamics and minority protection," International Review of Law and Economics, Elsevier, vol. 30(4), pages 317-328, December.
- Timur Kuran, 1989. "Sparks and prairie fires: A theory of unanticipated political revolution," Public Choice, Springer, vol. 61(1), pages 41-74, April.
- Hiller, Victor & Recoules, Magali, 2013. "Changes in divorce patterns: Culture and the law," International Review of Law and Economics, Elsevier, vol. 34(C), pages 77-87.
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