The Law of Good People

Erscheinungsjahr 2018
ISBN: 978-1-107-13710-3
Verlag: Cambridge University Press

Buch, Englisch, 254 Seiten, Format (B × H): 157 mm x 235 mm, Gewicht: 529 g

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.

Autoren/Hrsg.

Feldman, Yuval

Fachgebiete

• Geisteswissenschaften Philosophie Ethik, Moralphilosophie
• Geisteswissenschaften Philosophie Rechtsphilosophie, Rechtsethik
• Rechtswissenschaften Öffentliches Recht
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Öffentliches Recht, Völkerrecht, Internationale Organisationen

Inhaltsverzeichnis

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.

Über Autor(innen)

Feldman, Yuval
Yuval Feldman is the Mori Lazarof Professor of Legal Research at Bar-Ilan University, Israel. He holds a Ph.D. in Jurisprudence and Social Policy from the University of California, Berkeley (2004). His research focuses on compliance, ethical decision-making, and empirical legal studies. He has co-authored more than fifty papers and has won more than twenty research grants and fellowships, including one at the Safra Lab at Harvard Law School. Feldman is a Senior Fellow at the Israel Democracy Institute, where he advises various governmental bodies on the usage of behavioral sciences, in areas related to regulatory design, corruption and enforcement. In 2016 he was elected to the Israel Young Academy.