Impact
Subtitle: how law affects behavior
By: Lawrence M. Friedman
Publisher: Harvard University Press
Published: 2016
Language: eng
Number of pages: 315
ISBN-13: 9780674971059
Subjects: Obedience (Law); Sociological jurisprudence; Psychological aspects; Social aspects; Effectiveness and validity of law; Compliance; Law
Description: "The book concerns a fundamental question in the study of the relationship between law and society: under what conditions does a law, rule, decision, or doctrine actually make a difference in the behavior of those who are subject to this aspect of the legal system. There is a large body of scholarship which, in one sense or another, deals with this issue. The two main sources of scholarship on impact are, first, studies in criminal justice; and second, studies of business regulation. The goal of the book is bring some conceptual clarity to an awkward, unwieldy, and unruly subject. In any discussion of impact, one has to begin with the issue of communication; a rule or law that never reaches its audience, or which is vague, or difficult to understand, will have no impact. The book discusses some of the factors that influence the process of communication. But once a rule is communicated, what happens then? Sometimes the subjects comply; sometimes they fail to comply; sometimes they adjust or evade. There are three clusters of motives that affect the reaction of subject: first, deterrence (rewards and punishments); second, peer group influence; and third, issues of conscience, legitimacy, and morality. When all of these move in the same direction, the effect is quite powerful; if they conflict, it is impossible to predict which will prevail"--
Notes: Includes bibliographical references (pages 255-295) and index.
Table of contents: title: A very short prologue; title: Introduction; title: Getting out the message; title: An anatomy of compliance; title: A typology of responses; title: Rewards and punishments : the punishment side; title: Rewards and punishments : incentives and the civil side; title: The pressure of peers; title: The inner voice; title: Factors in harmony; factors in battle; title: A concluding word.