Economics Dictionary of ArgumentsHome
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| Legislation: Legislation is the process of making laws by a legislative body. It typically involves introducing a bill, debating, and voting. Legislation is a part of the democratic process. See also Law, Laws, Jurisdiction, Society, State, Democracy._____________Annotation: The above characterizations of concepts are neither definitions nor exhausting presentations of problems related to them. Instead, they are intended to give a short introduction to the contributions below. – Lexicon of Arguments. | |||
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Emanuela Carbonara on Legislation - Dictionary of Arguments
Parisi I 474 Legislation/social norms/behavior/social meaning/Carbonara: The idea that a social meaning is attributed to actions and behavior is particularly important in case of the so-called “top-down” lawmaking. >Social norms/Carbonara, >Social meaning, >Sanctions/Lessig. (…) legal innovation that openly challenges current social meaning might reinforce a given behavior rather than reduce its prevalence. Manipulation of social meaning by the legislator has therefore to be rather subtle, creating new incentives that counteract the ones provided by the original social meaning. In this sense, the lawmaker has to act as a clever “norm entrepreneur.” Changing a social meaning through lawmaking is a paternalistic act that legislators might sometimes want to perform to produce merit goods. More often, a legislator will choose to embed the existing social meaning into a law, which therefore becomes an imperative expression of social meaning. If social meaning already exists and is shared in a community, why do we need to express it also by law? In other words, why do we need the expressive power of the law? >Law/Carbonara, >Laws/Carbonara, >Coordination/Carbonara. Emanuela Carbonara. “Law and Social Norms”. In: Parisi, Francesco (ed) (2017). The Oxford Handbook of Law and Economics. Vol 1: Methodology and Concepts. NY: Oxford University._____________Explanation of symbols: Roman numerals indicate the source, arabic numerals indicate the page number. The corresponding books are indicated on the right hand side. ((s)…): Comment by the sender of the contribution. Translations: Dictionary of Arguments The note [Concept/Author], [Author1]Vs[Author2] or [Author]Vs[term] resp. "problem:"/"solution:", "old:"/"new:" and "thesis:" is an addition from the Dictionary of Arguments. If a German edition is specified, the page numbers refer to this edition. |
Carbonara, Emanuela Parisi I Francesco Parisi (Ed) The Oxford Handbook of Law and Economics: Volume 1: Methodology and Concepts New York 2017 |
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