Expressive nature of law

When trying to explain how law affects society and creates change, many jurists and economists often resort to the sanction element of law. A utilitarian approach is quickly put forward to explain why people in the large majority of cases abide to the laws. The theory of the 'Expressive nature of law' complements this element by looking at the way law causes change through the expression of a certain message.

### **The Theory**

The **attitudinal theory of expressive law** put forward by McAdams can be summarised as follows: "Because people are motivated to gain approval and avoid disapproval, the information signaled by legislation and other law affects their behavior" (p. 340). It entails three components:

1. "there is a motivational assumption that an individual's behavior depends, in part, on what actions she believes others will approve or disapprove. The motivating power of approval may arise either because the individual values approval for its own sake, or as an instrument for achieving some other end."
2. "there is a claim that individuals have imperfect information about what others approve and that their beliefs about such matters are frequently (though not inevitably) mistaken. Given their concern for approval, individuals are therefore sensitive to new sources of information."
3. "Third, there is a claim that democratically produced legislative outcomes are positively correlated with popular attitudes and therefore provide a signal of those attitudes. Independent of the sanction, the legislative signal influences behavior by causing people to update their prior beliefs about what others approve and disapprove."

In other words: "In a democratic society, legislation and other law can change what people believe about the approval patterns in their community or society; the law operates as a signal of popular opinion. Because people value approval, intrinsically or instrumentally, such beliefs influence behavior. Updating one's beliefs to account for the law, an individual will infer the prospect of greater disapproval costs from behavior the law condemns, which gives the individual an incentive to obey the law that is independent of the legal sanctions." (p. 389)

### **Main theoretical references**

* McAdams, R. H. (2000). An attitudinal theory of expressive law. Oregon Law Review, 79, 339
* Nadler, J. (2017). Expressive Law, Social Norms, and Social Groups. Law & Social Inquiry, 42(1), 60-75. doi:10.1111/lsi.12279

### **Main examples**

* (Give the publications that show empirical research using the theory, use APA style)

### **Insights for realist evaluations**

At the **macro-level** the mechanism that can be observed is the **signalling mechanism** which entails that *by enacting laws, rules, guidelines, indicators, etc. citizens, employees, employers, health workers, teachers, etc. learn what is important for their superiors and what is expected from them*.

At the **micro-level** the mechanism that is being affected is **belief updating,** in the sense that people react to laws by updating their beliefs about what is seen as socially approved.Thus may subsequently **lead to behaviour change**.

The **conditions** that imply this mechanism according to this theory are as follows: the person is motivated to gain approval and avoid disapproval, the taken rule is seen as legitimate (i.e. reflecting popular attitudes instead of specific interests), the behavior is detectable, the level of enforcement is irrelevant, the rule is clearly communicated, a demand for information about what others (dis)approve exists, (perceived) localness of the rule.

### **Examples in realist evaluation**

*Research/evaluation project*

(Realist research or evaluation project that has used this theory)

* Name of the project; the evaluator(s); the funder; timing; link to a relevant website.

*Academic publications*

* (Give the reference of realist evaluations that have used this theory, use APA style)

*Grey Literature*

* (Give the reference of realist evaluations from the grey literature that have used this theory, use APA style)

1. ↑ 1.0 1.1 1.2 McAdams, R. H. (2000). An attitudinal theory of expressive law. *Oregon Law Review*. 79: 339.