The Third Function of Law Is to Transform Cultural Categories
How does law change society? In the rational actor model, law affects behavior only by changing incentives and information -- the command and coordination function of law. Under the view that humans are social animals, law is also a guidepost for s...
| Main Authors: | , |
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| Format: | Working Paper |
| Language: | English |
| Published: |
World Bank, Washington, DC
2019
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| Subjects: | |
| Online Access: | http://documents.worldbank.org/curated/en/489991565093510423/The-Third-Function-of-Law-Is-to-Transform-Cultural-Categories http://hdl.handle.net/10986/32206 |
| Summary: | How does law change society? In the
rational actor model, law affects behavior only by changing
incentives and information -- the command and coordination
function of law. Under the view that humans are social
animals, law is also a guidepost for social norms that
regulate behavior -- the expressive function of law. This
paper proposes a third function of law—the schematizing
function -- based on cognitive research that shows that
individuals cannot think without categories. Law makes
possible new kinds of exemplars, role models, and social
interactions that give people prototypes that transform the
categories they use, thereby reframing their options and
influencing their behavior. This paper illustrates the
schematizing power of law with examples from field and
natural experiments. Like the one-two punch in a boxing
match, the command and schematizing functions of law
together can change society in situations where the command
function alone would be ineffective or backfire. |
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