Behavioral Jurisprudence: The Quest for Knowledge about the Ex-ante Function of Law and Behavior
Year: 2019
Type: article
Abstract: Law has massive potential. If successful, contemporary law can protect our property, it can keep our environment free from pollution and degradation, it can safeguard our markets and financial institutions, and it can keep us safe from violence and damaging behavior. To do so, law must shape human and organizational conduct, and reduce risky and harmful behavior. Yet, law can fail in its behavioral function. Just think how the decades of legal responses to illicit recreational drugs have not been able to prevent or end the ongoing opioid epidemic that is ravaging communities across the United States. Or consider how legal rules against sexual misconduct have not been effective in foiling the current #Metoo crisis that has victims speaking out from across different types of organizations from the Boy Scouts to the courts. And what about the ever-stricter rules against the usage of performance-enhancing substances in sports that in...
DOI: 10.1093/jrls/jlz016
Author: Benjamin van Rooij
Institutions: University of California, Irvine, University of Amsterdam
Language: English
Subfield: Economics and Econometrics
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W3016031478