The law of good people : challenging states' ability to regulate human behavior
著者
書誌事項
The law of good people : challenging states' ability to regulate human behavior
Cambridge University Press, 2019, c2018
- : pbk
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注記
"First published 2018. First paperback edition 2019"--T.p. verso
Includes index
内容説明・目次
内容説明
Currently, the dominant enforcement paradigm is based on the idea that states deal with 'bad people' - or those pursuing their own self-interests - with laws that exact a price for misbehavior through sanctions and punishment. At the same time, by contrast, behavioral ethics posits that 'good people' are guided by cognitive processes and biases that enable them to bend the laws within the confines of their conscience. In this illuminating book, Yuval Feldman analyzes these paradigms and provides a broad theoretical and empirical comparison of traditional and non-traditional enforcement mechanisms to advance our understanding of how states can better deal with misdeeds committed by normative citizens blinded by cognitive biases regarding their own ethicality. By bridging the gap between new findings of behavioral ethics and traditional methods used to modify behavior, Feldman proposes a 'law of good people' that should be read by scholars and policymakers around the world.
目次
- 1. Introduction
- 2. Behavioral ethics and the meaning of good people for legal enforcement
- 3. Revisiting traditional enforcement interventions
- 4. Revisiting non-formal enforcement interventions
- 5. The role of social norms in legal compliance and enforcement
- 6. Are all people equally good?
- 7. Pluralistic account of the law: the multiple effects of law on behavior
- 8. Enforcement dilemmas and behavioral trade-offs
- 9. The corruption of 'good people'
- 10. Discrimination by 'good' employers
- 11. Summary and conclusion.
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