Why People Obey the Law


Author: Tom R. Tyler
Publisher: Princeton University Press
ISBN: 0691126739
Category: Law
Page: 299
View: 4653

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People obey the law if they believe it's legitimate, not because they fear punishment--this is the startling conclusion of Tom Tyler's classic study. Tyler suggests that lawmakers and law enforcers would do much better to make legal systems worthy of respect than to try to instill fear of punishment. He finds that people obey law primarily because they believe in respecting legitimate authority. In his fascinating new afterword, Tyler brings his book up to date by reporting on new research into the relative importance of legal legitimacy and deterrence, and reflects on changes in his own thinking since his book was first published.

The Force of Law


Author: Frederick Schauer
Publisher: Harvard University Press
ISBN: 0674967143
Category: Law
Page: 255
View: 9940

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Many legal theorists maintain that laws are effective because we internalize them, obeying even when not compelled to do so. In a comprehensive reassessment of the role of force in law, Frederick Schauer disagrees, demonstrating that coercion, more than internalized thinking and behaving, distinguishes law from society’s other rules.

Is There a Duty to Obey the Law?


Author: Christopher Wellman,John Simmons
Publisher: Cambridge University Press
ISBN: 9780521830973
Category: Law
Page: 200
View: 9345

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Discusses whether there is a duty to obey the law and the state.

The Expressive Powers of Law

Theories and Limits
Author: Richard H. McAdams
Publisher: Harvard University Press
ISBN: 0674967208
Category: Law
Page: N.A
View: 9332

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Why do people obey the law? Law deters crime by specifying sanctions, and because people internalize its authority. But Richard McAdams says law also generates compliance through its expressive power to coordinate behavior (traffic laws) and inform beliefs (smoking bans)—that is, simply by what it says rather than what it sanctions.

The Duty to Obey the Law

Selected Philosophical Readings
Author: William Atkins Edmundson
Publisher: Rowman & Littlefield
ISBN: 9780847692552
Category: Philosophy
Page: 352
View: 2472

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The question, "Why should I obey the law?" introduces a contemporary puzzle that is as old as philosophy itself. The puzzle is especially troublesome if we think of cases in which breaking the law is not otherwise wrongful, and in which the chances of getting caught are negligible. Philosophers from Socrates to H.L.A. Hart have struggled to give reasoned support to the idea that we do have a general moral duty to obey the law but, more recently, the greater number of learned voices has expressed doubt that there is any such duty, at least as traditionally conceived. The thought that there is no such duty poses a challenge to our ordinary understanding of political authority and its legitimacy. In what sense can political officials have a right to rule us if there is no duty to obey the laws they lay down? Some thinkers, concluding that a general duty to obey the law cannot be defended, have gone so far as to embrace philosophical anarchism, the view that the state is necessarily illegitimate. Others argue that the duty to obey the law can be grounded on the idea of consent, or on fairness, or on other ideas, such as community.

Why Children Follow Rules

Legal Socialization and the Development of Legitimacy
Author: Tom R. Tyler,Rick Trinker
Publisher: Oxford University Press
ISBN: 0190644141
Category: Law
Page: 280
View: 4442

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Acknowledgements -- Introduction -- Legal socialization & the elements of legitimacy -- General approaches to legal socialization -- Legal socialization across the life course -- Models of legal socialization -- Developing values and attitudes about the law -- The development and legal competency -- Neurological development and legal competency -- Socialization across the spheres of childhood -- Legal socialization in the family -- Legal socialization in the school -- Legal socialization in the juvenile justice system -- Conclusion & final thoughts -- Notes -- Bibliography -- Index

Obedience to Authority


Author: Stanley Milgram
Publisher: HarperCollins
ISBN: 0062803409
Category: Psychology
Page: 256
View: 7297

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THE INSPIRATION FOR THE MAJOR MOTION PICTURE THE EXPERIMENTER “The classic account of the human tendency to follow orders, no matter who they hurt or what their consequences.” — Michael Dirda, Washington Post Book World In the 1960s Yale University psychologist Stanley Milgram famously carried out a series of experiments that forever changed our perceptions of morality and free will. The subjects—or “teachers”—were instructed to administer electroshocks to a human “learner,” with the shocks becoming progressively more powerful and painful. Controversial but now strongly vindicated by the scientific community, these experiments attempted to determine to what extent people will obey orders from authority figures regardless of consequences. “Milgram’s experiments on obedience have made us more aware of the dangers of uncritically accepting authority,” wrote Peter Singer in the New York Times Book Review. Featuring a new introduction from Dr. Philip Zimbardo, who conducted the famous Stanford Prison Experiment, Obedience to Authority is Milgram’s fascinating and troubling chronicle of his classic study and a vivid and persuasive explanation of his conclusions.

The Republic of Beliefs

A New Approach to Law and Economics
Author: Kaushik Basu
Publisher: Princeton University Press
ISBN: 1400889359
Category: Business & Economics
Page: 256
View: 7182

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A leading economist offers a radically new approach to the economic analysis of the law In The Republic of Beliefs, Kaushik Basu, one of the world's leading economists, argues that the traditional economic analysis of the law has significant flaws and has failed to answer certain critical questions satisfactorily. Why are good laws drafted but never implemented? When laws are unenforced, is it a failure of the law or the enforcers? And, most important, considering that laws are simply words on paper, why are they effective? Basu offers a provocative alternative to how the relationship between economics and real-world law enforcement should be understood. Basu summarizes standard, neoclassical law and economics before looking at the weaknesses underlying the discipline. Bringing modern game theory to bear, he develops a "focal point" approach, modeling not just the self-interested actions of the citizens who must follow laws but also the functionaries of the state—the politicians, judges, and bureaucrats—enforcing them. He demonstrates the connections between social norms and the law and shows how well-conceived ideas can change and benefit human behavior. For example, bribe givers and takers will collude when they are treated equally under the law. And in food support programs, vouchers should be given directly to the poor to prevent shop owners from selling subsidized rations on the open market. Basu provides a new paradigm for the ways that law and economics interact—a framework applicable to both less-developed countries and the developed world. Highlighting the limits and capacities of law and economics, The Republic of Beliefs proposes a fresh way of thinking that will enable more effective laws and a fairer society.

Trust in the Law

Encouraging Public Cooperation with the Police and Courts Through
Author: Tom R. Tyler,Yuen Huo
Publisher: Russell Sage Foundation
ISBN: 1610445422
Category: Psychology
Page: 264
View: 2896

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Public opinion polls suggest that American's trust in the police and courts is declining. The same polls also reveal a disturbing racial divide, with minorities expressing greater levels of distrust than whites. Practices such as racial profiling, zero-tolerance and three-strikes laws, the use of excessive force, and harsh punishments for minor drug crimes all contribute to perceptions of injustice. In Trust in the Law, psychologists Tom R. Tyler and Yuen J. Huo present a compelling argument that effective law enforcement requires the active engagement and participation of the communities it serves, and argue for a cooperative approach to law enforcement that appeals to people's sense of fair play, even if the outcomes are not always those with which they agree. Based on a wide-ranging survey of citizens who had recent contact with the police or courts in Oakland and Los Angeles, Trust in the Law examines the sources of people's favorable and unfavorable reactions to their encounters with legal authorities. Tyler and Huo address the issue from a variety of angles: the psychology of decision acceptance, the importance of individual personal experiences, and the role of ethnic group identification. They find that people react primarily to whether or not they are treated with dignity and respect, and the degree to which they feel they have been treated fairly helps to shape their acceptance of the legal process. Their findings show significantly less willingness on the part of minority group members who feel they have been treated unfairly to trust the motives to subsequent legal decisions of law enforcement authorities. Since most people in the study generalize from their personal experiences with individual police officers and judges, Tyler and Huo suggest that gaining maximum cooperation and consent of the public depends upon fair and transparent decision-making and treatment on the part of law enforcement officers. Tyler and Huo conclude that the best way to encourage compliance with the law is for legal authorities to implement programs that foster a sense of personal involvement and responsibility. For example, community policing programs, in which the local population is actively engaged in monitoring its own neighborhood, have been shown to be an effective tool in improving police-community relationships. Cooperation between legal authorities and community members is a much discussed but often elusive goal. Trust in the Law shows that legal authorities can behave in ways that encourage the voluntary acceptance of their directives, while also building trust and confidence in the overall legitimacy of the police and courts. A Volume in the Russell Sage Foundation Series on Trust

Terrorism

A Philosophical Analysis
Author: J. Angelo Corlett
Publisher: Springer Science & Business Media
ISBN: 9781402016950
Category: Philosophy
Page: 228
View: 6447

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This book is the culmination of over 15 years of research on terrorism, secession, and related concepts such as the obligation to obey the law, pacifism, civil disobedience, non-violent direct action, political violence, revolution, and assassination. It is sincerely hoped that the content of this book is construed as an ethical and philosophical attempt to advance human understanding of some of life’s most intractable problems, namely, terrorism and more generally, political violence. This book is proffered as a propadeutic to further study of these issues and is not to be interpreted as the author’s final word on them. For the pursuit of truth and avoidance of error is never wholly complete, but at best a life-long process of continual reflection, analysis and argument. And it will please the author of this book if it brings even a modicum of knowledge to the difficulties it investigates. Some of the chapters of this book have been published or have otherwise experienced the critical assistance of various public academic forums, and I am sincerely grateful to those who have shaped my thinking about terrorism and its related concepts. Among those who have provided critical and helpful insights concerning various sections of the contents of this book are: David Copp, Richard Falk, Joel Feinberg, Richard W. Miller, and Thomas Pogge.

Gospel Principles


Author: The Church of Jesus Christ of Latter-Day Saints
Publisher: The Church of Jesus Christ of Latter-day Saints
ISBN: 1465101276
Category: Mormon Church
Page: 378
View: 3520

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A Study Guide and a Teacher’s Manual Gospel Principles was written both as a personal study guide and as a teacher’s manual. As you study it, seeking the Spirit of the Lord, you can grow in your understanding and testimony of God the Father, Jesus Christand His Atonement, and the Restoration of the gospel. You can find answers to life’s questions, gain an assurance of your purpose and self-worth, and face personal and family challenges with faith.

Desiring God

Meditations of a Christian Hedonist
Author: John Piper
Publisher: Multnomah Pub
ISBN: 1601423098
Category: Religion
Page: 411
View: 8354

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Experience the Lifelong Pleasures of Knowing God! Satisfaction…Happiness…Joy. According to John Piper, the pursuit of pleasure in God is not only permissible, it’s essential. Desiring God is a paradigm-shattering work that dramatically alters common perspectives on relating to God. Piper reveals that there really is no need to choose between duty and delight in the Christian life. In fact, for the follower of Jesus, delight is the duty as Christ is most magnified in His people when they are most satisfied in Him. Constantly drawing on Scripture to build his case, Piper shows why pursuing maximum joy is essential to glorifying God. He discusses the implications of this for conversion, worship, love, Scripture, prayer, money, marriage, missions, and suffering. Piper beckons us to approach God with the hedonist’s abandon. Finally, we are freed to enjoy Jesus—not only as our Lord and Savior, but also as our all-surpassing, soul-satisfying Treasure. Desiring God may turn your Christian world upside down. And that will be a good thing, for the glory of God, and for your deepest joy. Includes a study guide for individual and small group use.

From Goods to a Good Life

Intellectual Property and Global Justice
Author: Madhavi Sunder
Publisher: Yale University Press
ISBN: 030014671X
Category: Law
Page: 256
View: 4863

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A law professor draws from social and cultural theory to defend her idea that that intellectual property law affects the ability of citizens to live a good life and prohibits people from making and sharing culture.

Impact


Author: Lawrence M. Friedman
Publisher: Harvard University Press
ISBN: 0674971051
Category: Law
Page: 315
View: 3640

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Under what conditions are laws and rules effective? Lawrence M. Friedman gathers findings from many disciplines into one overarching analysis and lays the groundwork for a cohesive body of work in “impact studies.” He examines the importance of communication on the part of lawgivers and the nuances of motive among those subject to the law.

The Failure of the Word

The Protagonist as Lawyer in Modern Fiction
Author: Richard H. Weisberg
Publisher: Yale University Press
ISBN: 9780300045925
Category: Literary Criticism
Page: 218
View: 5390

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The Protagonist as Lawyer in Modern Fiction, with a new Preface

Cultivating Conscience

How Good Laws Make Good People
Author: Lynn Stout
Publisher: Princeton University Press
ISBN: 9781400836000
Category: Law
Page: 320
View: 6053

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Contemporary law and public policy often treat human beings as selfish creatures who respond only to punishments and rewards. Yet every day we behave unselfishly--few of us mug the elderly or steal the paper from our neighbor's yard, and many of us go out of our way to help strangers. We nevertheless overlook our own good behavior and fixate on the bad things people do and how we can stop them. In this pathbreaking book, acclaimed law and economics scholar Lynn Stout argues that this focus neglects the crucial role our better impulses could play in society. Rather than lean on the power of greed to shape laws and human behavior, Stout contends that we should rely on the force of conscience. Stout makes the compelling case that conscience is neither a rare nor quirky phenomenon, but a vital force woven into our daily lives. Drawing from social psychology, behavioral economics, and evolutionary biology, Stout demonstrates how social cues--instructions from authorities, ideas about others' selfishness and unselfishness, and beliefs about benefits to others--have a powerful role in triggering unselfish behavior. Stout illustrates how our legal system can use these social cues to craft better laws that encourage more unselfish, ethical behavior in many realms, including politics and business. Stout also shows how our current emphasis on self-interest and incentives may have contributed to the catastrophic political missteps and financial scandals of recent memory by encouraging corrupt and selfish actions, and undermining society's collective moral compass. This book proves that if we care about effective laws and civilized society, the powers of conscience are simply too important for us to ignore.

Conscience

The Duty to Obey and the Duty to Disobey
Author: Harold M. Schulweis
Publisher: Jewish Lights Publishing
ISBN: 1580234194
Category: Religion
Page: 131
View: 1819

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Questions religion's capacity and will to break from mindless conformity. Challenges us to counter our culture of obedience with the culture of moral compassion, fulfilling religion's obligation to make room for and carry out courageous moral dissent."