Impact

How Law Affects Behavior

Author: Lawrence Meir Friedman

Publisher: N.A

ISBN: 9780674972469

Category: Compliance

Page: 315

View: 1863

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"The book concerns a fundamental question in the study of the relationship between law and society: under what conditions does a law, rule, decision, or doctrine actually make a difference in the behavior of those who are subject to this aspect of the legal system. There is a large body of scholarship which, in one sense or another, deals with this issue. The two main sources of scholarship on impact are, first, studies in criminal justice; and second, studies of business regulation. The goal of the book is bring some conceptual clarity to an awkward, unwieldy, and unruly subject. In any discussion of impact, one has to begin with the issue of communication; a rule or law that never reaches its audience, or which is vague, or difficult to understand, will have no impact. The book discusses some of the factors that influence the process of communication. But once a rule is communicated, what happens then? Sometimes the subjects comply; sometimes they fail to comply; sometimes they adjust or evade. There are three clusters of motives that affect the reaction of subject: first, deterrence (rewards and punishments); second, peer group influence; and third, issues of conscience, legitimacy, and morality. When all of these move in the same direction, the effect is quite powerful; if they conflict, it is impossible to predict which will prevail"--
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Impact

Author: Lawrence M. Friedman

Publisher: Harvard University Press

ISBN: 0674971051

Category: Law

Page: 315

View: 7893

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Under what conditions are laws and rules effective? Lawrence M. Friedman gathers findings from many disciplines into one overarching analysis and lays the groundwork for a cohesive body of work in “impact studies.” He examines the importance of communication on the part of lawgivers and the nuances of motive among those subject to the law.
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American Law

An Introduction

Author: Lawrence M. Friedman,Grant M. Hayden

Publisher: Oxford University Press

ISBN: 019046061X

Category: Law

Page: 400

View: 1957

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This book provides an introduction to the American legal system for a broad readership. Its focus is on law in practice, on the role of the law in American society; and how the social context affects the living law of the United States. It covers the institutions of law creation and application, law in American government, American legal culture and the legal profession, American criminal and civil justice, and civil rights. Clearly written, the book has been widely used in both undergraduate and graduate courses as an introduction to the legal system; it will be useful, too, to a general audience interested in understanding how this vital social system works. This new edition follows the same basic structure as applied in the previous editions providing a thorough revision and reworking of the text. This edition reflects upon what has happened in the years since the second edition was published in 1998, and how these events and evolutions have shaped our fundamental comprehension of the workings of the American legal system today.
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How Courts Impact Federal Administrative Behavior

Author: Robert J. Hume

Publisher: Routledge

ISBN: 1135838135

Category: Political Science

Page: 174

View: 9928

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What impact do federal courts have on the administrative agencies of the federal government? How do agencies react to the decisions of federal courts? This book answers these questions by examining the responses of federal agencies to the U.S. Courts of Appeals, revealing what happens inside agencies after courts rule against them. Robert J. Hume draws upon dozens of interviews with current and former administrators, taking readers behind the scenes of these organizations to reveal their internal procedures, their attitudes about courts, and their surprising capacity to be influenced by a judge’s choice of words. This fascinating study will be of interest to students and scholars of politics as well as those seeking great understanding of the intricacies of the US political system.
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How Liability Law Affects Medical Productivity

Author: Daniel P. Kessler,Mark B. McClellan

Publisher: N.A

ISBN: N.A

Category: Business cycles

Page: 43

View: 4964

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Previous research suggests that "direct" reforms to the liability system -- reforms designed to reduce the level of compensation to potential claimants -- reduce medical expenditures without important consequences for patient health outcomes. We extend this research by identifying the mechanisms through which reforms affect the behavior of health care providers. Although we find that direct reforms improve medical productivity primarily by reducing malpractice claims rates and compensation conditional on a claim, our results suggest that other policies that reduce the time spent and the amount of conflict involved in defending against a claim can also reduce defensive practices substantially. In addition, we find that "malpractice pressure" has a larger impact on diagnostic rather than therapeutic treatment decisions. Our results provide an empirical foundation for simulating the effects of untried malpractice reforms on health care costs and outcomes, based on their predicted effects on the malpractice pressure facing medical providers.
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The Legal System

A Social Science Perspective

Author: Lawrence M. Friedman

Publisher: Russell Sage Foundation

ISBN: 1610442288

Category: Law

Page: 338

View: 3693

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Examines the impact of social forces on the legal system and how the rules and orders promulgated by that legal system affect social behavior. Dr. Friedman explores the relationship between class structure and the work of legal systems in the light of the existing literature and analyzes the influence of the cultural elements contained in a legal system. In a comprehensive analysis of the concept of legal culture, the author sheds new light on the development of our legal norms and the types of legal systems which prevail in a democracy.
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How International Law Works

A Rational Choice Theory

Author: Andrew T. Guzman

Publisher: Oxford University Press

ISBN: 0199885516

Category: Law

Page: 272

View: 1497

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How International Law Works presents a theory of international law, how it operates, and why it works. Though appeals to international law have grown ever more central to international disputes and international relations, there is no well-developed, comprehensive theory of how international law shapes policy outcomes. Filling a conspicuous gap in the literature on international law, Andrew T. Guzman builds a coherent theory from the ground up and applies it to the foundations of the international legal system. Using tools from across the social sciences Guzman deploys a rational choice methodology to explain how a legal system can succeed in the absence of coercive enforcement. He demonstrates how even rational and selfish states are motivated by concerns about reciprocal non-compliance, retaliation, and reputation to comply with their international legal commitments. Contradicting the conventional view of the subject among international legal scholars, Guzman argues that the primary sources of international commitment--formal treaties, customary international law, soft law, and even international norms--must be understood as various points on a spectrum of commitment rather than wholly distinct legal structures. Taking a rigorous and theoretically sound look at international law, How International Law Works provides an in-depth, thoroughgoing guide to the complexities of international law, offers guidance to those managing relations among nations, and helps us to understand when we can look to international law to resolve problems, and when we must accept that we live in an anarchic world in which some issues can be resolved only through politics.
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The Oxford Handbook of Empirical Legal Research

Author: Peter Cane,Herbert Kritzer

Publisher: OUP Oxford

ISBN: 0191635421

Category: Law

Page: 1112

View: 1673

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The empirical study of law, legal systems and legal institutions is widely viewed as one of the most exciting and important intellectual developments in the modern history of legal research. Motivated by a conviction that legal phenomena can and should be understood not only in normative terms but also as social practices of political, economic and ethical significance, empirical legal researchers have used quantitative and qualitative methods to illuminate manyaspects of laws meaning, operation and impact.In the 43 chapters of The Oxford Handbook of Empirical Legal Research leading scholars provide accessible and original discussions of the history, aims and methods of empirical research about law, as well as its achievements and potential. The Handbook has three parts. The first deals with the development and institutional context of empirical legal research. The second - and largest - part consists of critical accounts of empirical research on many aspects of the legal world - oncriminal law, civil law, public law, regulatory law and international law; on lawyers, judicial institutions, legal procedures and evidence; and on legal pluralism and the public understanding of law. The third part introduces readers to the methods of empirical research, and its place in the law schoolcurriculum.
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Foreign Assistance and Related Agencies Appropriations for 1973

Hearings Before a Subcommittee of the Committee on Appropriations, House of Representatives, Ninety-second Congress, Second Session

Author: United States. Congress. House. Committee on Appropriations. Subcommittee on Foreign Operations and Related Agencies (1968?-1978)

Publisher: N.A

ISBN: N.A

Category: Economic assistance, American

Page: N.A

View: 503

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