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This book contains perspectives of world-renowned scholars from the fields of law, economics, and political science about the relationship between law and norms. The authors take different approaches by using a wide variety of perspectives from law, legal history, neoclassical economics, new institutional economics, game theory, political science, cognitive science, and philosophy. The essays examine the relationship between norms and the law in four different contexts. Part One consists of essays that use the perspectives of cognitive science and behavioral economics to analyze norms that influence the law. In Part Two, the authors use three different types of common property to examine cooperative norms. Part Three contains essays that deal with the constraints imposed by norms on the judiciary. Finally, Part Four examines the influence formal law has on norms.
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NORMS AND THE LAW This book contains perspectives of world-renowned scholars from the fields of law, economics, and political science about the relationship between law and norms. The authors take different approaches by using a wide variety of perspectives from law, legal history, neoclassical economics, new institutional economics, game theory, political science, cognitive science, and philosophy. The essays examine the relationship between norms and the law in four different contexts. Part One consists of essays that use the perspectives of cognitive science and behavioral economics to analyze norms that influence the law. In Part Two, the authors use three different types of common property to examine cooperative norms. Part Three contains essays that deal with the constraints imposed by norms on the judiciary. Finally, Part Four examines the influence formal law has on norms. John N. Drobak earned Bachelor of Science degrees in electrical engineering and management science from the Massachusetts Institute of Technology and a law degree from Stanford University. He joined the law faculty at Washington University in 1979, where he served as Associate Dean from 1986 to 1990, and now holds appointments as the George Alexander Madill Professor of Law in the School of Law and also in the Department of Economics in Arts and Sciences. He is the director of the Center for Interdisciplinary Studies in the School of Law, a fellow in the Center in Political Economy in Arts and Sciences, and former co-director of the Business, Law, and Economics Center in the John M. Olin School of Business. In his pro bono work, he consulted with Vaclav Klaus, then Finance Minister of Czechoslovakia and now President of the Czech Republic, in connection with Czechoslovakia’s voucher privatization of large government enterprises and with the Republic of Georgia in connection with the drafting of a new constitution. Norms and the Law Edited by JOHN N. DROBAK Washington University School of Law cambridge university press Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, S˜ao Paulo Cambridge University Press 32 Avenue of the Americas, New York, ny 10013-2473, usa www.cambridge.org Information on this title: www.cambridge.org/9780521862257 c Cambridge Universtiy Press 2006 This publication is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press. First published 2006 Printed in the United States of America A catalog record for this publication is available from the British Library. Library of Congress Cataloging in Publication Data Norms and the law / edited by John N. Drobak. p. cm. Includes bibliographical references and index. isbn-13: 978-0-521-86225-7 (hardback) isbn-10: 0-521-86225-6 (hardback) isbn-13: 978-0-521-68079-0 (pbk.) isbn-10: 0-521-68079-4 (pbk.) 1. Law – Socia