Standards, rules, and social norms
Article Abstract:
Social norms, the rule of law, and rules and standards are necessarily interrelated concepts which the academic literature of economics treats respectively as nonlegal phenomena, the political ideal, and the preferred form of law. The interpretation of legislative choices between rules and standards can be approached by different analytical models which suggest different normative underpinnings and the role of the rule of law. The nature of the rule of law is such that it mirrors individuals' values.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1997
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Purchasing political inaction: how regulators use the threat of legal "reform" to extort payoffs
Article Abstract:
The discipline of law and economics can approach law from normative and empirical perspectives and can infuse academics with reality. It may elucidate realities such as the practice of individuals and businesses paying politicians for inaction. Politicians who threaten the payors with newly instituted or increased government regulations may or may not have ulterior motives when proposing such regulations. This activity supplements rent-seeking activity studied by scholars of law and economics.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1997
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Law is a sometime autonomous discipline
Article Abstract:
The study of the law of contracts is sometimes a discipline autonomous from economics. The two should not be independent of one another and are not among academics. Legal doctrine and the actual practice of law do not reflect the influence of economics on law. Proponents of law and economics should proactively increase the knowledge and influence of the discipline by including courses in law curricula and participating in law reform endeavors.
Publication Name: Harvard Journal of Law & Public Policy
Subject: Political science
ISSN: 0193-4872
Year: 1997
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