3 3 Normative Failure Theory of Law
نویسندگان
چکیده
Law often grows from social norms that create order. Many social norms change behavior by imposing obligations on people. I model the evolution of effective consensus obligations. Some consensus obligations succeed on their own and others require the backing of state law. This paper analyzes the causes of normative failure and provides a diagnostic tool for legal intervention. Characterizing failures guides and justifies the making of law. The theory of normative failure plays the same role for law in general that the theory of market failure plays for regulation of markets.
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