The Social Norms of Waiting in Line

This article examines the rules and practices of waiting in line as a system of informal order, showing that despite its reputation for drudgery, the queue offers rich insights about social norms and the psychology of cooperation. The article begins by investigating the implicit customs of physical waiting in line, uncovering the surprisingly complex unwritten rules (and exceptions) that give queues stability even in the absence of legal governance or state enforcement. Yet the prevailing norms literature typically explains informal order by reference to close‐knit groups that can impose sanctions on violators of extralegal rules. This raises a puzzle: Why do queue norms repeatedly produce informal, yet reliable, order among total strangers unlikely to interact again? This article answers this question by looking to social‐psychological research showing that people tend to be strong reciprocators rather than selfish utility maximizers. This model makes sense of both our tendency to defer to line norms as well as the disproportionate sanctions with which defectors from these norms meet.     

Coordinating in the Shadow of the Law: Two Contextualized Tests of the Focal Point Theory of Legal Compliance

In situations where people have an incentive to coordinate their behavior, law can provide a framework for understanding and predicting what others are likely to do. According to the focal point theory of legal compliance, the law's articulation of a behavior can sometimes create self‐fulfilling expectations that it will occur. Existing theories of legal compliance emphasize the effect of sanctions or legitimacy; we argue that, in addition to sanctions and legitimacy, law can also influence compliance simply by making one outcome salient. We tested this claim in two experiments where sanctions and legitimacy were held constant. Experiment 1 demonstrated that a mandatory legal rule operating in a property dispute influenced compliance only when there was an element of coordination. Experiment 2 demonstrated that a default rule in a contract negotiation acted as a focal point for coordinating negotiation decisions. Both experiments confirm that legal rules can create a focal point around which people tend to coordinate.     

Party Strategies,Constituency Links,and Legislative Speech

This article examines how parties organize legislative speech. Electoral incentives and legislative institutions affect speech participation. When electoral systems create personal vote‐seeking incentives, parties are less concerned with screening speeches and more supportive of members seeking to garner name recognition. But in many countries, legislative rules and norms constrain opportunities for individual position taking during the lawmaking debates. We argue that parties resolve this dilemma by organizing speech participation into nonlegislative speeches and lawmaking debates. In each instance, different types of legislators are more likely to speak. We examine the case of Chile and test the implications of our theory with data on congressional speeches.     

行政法上的物权初探

有相当的国有财产是为公务便利或社会公益服务而存在的 ,国家作为行政主体行使行政权时在该财产上享有的物权不同于民法上的物权 ,不以盈利为目的 ,不应受一般私法规则的支配 ,而应受公法规则的支配。存在于该财产之上的物权便是行政法上的物权。法国行政法将公众用物和行政活动用物作为不同于私有财产的“公产” ,这一划分在现代国家体系及市场经济背景下有重要意义。借鉴相关理论 ,建立、健全我国行政法上的物权理论 ,将对我国行政法理论和实践大有裨益     

Positivism, Idealism and the Rule of Law

The modern lawyer operates within a conception of law as a bodyof rules. To confront the law of contract, of torts, or of property,is to familiarize oneself with an intricate set of rules. Suchfamiliarity is not yet legal scholarship, much less legal practice.For in order to use the rules as lawyers use them, the rulesmust be contemplated and considered, and the relationship betweenthe different rules must be understood. Because the intellectualprocesses involved in handling the rules exhibit a high degreeof sophistication, those intellectual processes may themselvesbecome the subject matter of philosophical argument. Thus wemay regard jurisprudential theories as embodying differing understandingsof the processes of handling legal rules; and we may conceiveof legal theory as the attempt to grasp the moral significanceof rules as a foundation for social order. This essay shalloffer some thoughts on the relationship between the rule oflaw, considered as a moral ideal, and the notion of rules asthe principal means by which legal order is manifested.     

Opening Up Ownership: Community Belonging, Belongings, and the Productive Life of Property

Drawing on empirical data and property theory, this article explores the property structure of a "free school" and the work property performs there. At Summerhill, we can see a tension between two property registers. On the one hand, the founder and present members stress the importance of individual ownership; at the same time the school's property regime involves property-limitation rules, a dispersal of rights, collective forms of property, and cross-cutting, pluralized sites of institutional recognition. In exploring how this tension is manifested through property's work, the article focuses on property's contribution to a variegated social life at the school, analyzed in terms of personal, civic, and boundary relations. With belonging treated as the central component of property rather than exclusion or control, ways of understanding what constitutes property and how it works shift.     

Comparative Compliance: Digital Piracy,Deterrence, Social Norms,and Duty in China and the United States

The study of compliance has been predominantly Western, and we do not know whether existing theories and findings also apply elsewhere. As a first venture in developing a comparative view on compliance, this study seeks to gain a comparative understanding of compliance decision making among Chinese and American students. It studies their decisions in response to two scenarios that offer an opportunity to use pirated online content. It tests how their decisions are shaped by subjective deterrence, social norms, and perceived duty to obey the law, comparing a control group with a group who received an explicit deterrence message from a strong campaign targeting the use of pirated digital content. The results indicate that, regardless of the explicit enforcement context, Chinese students' inclination to engage in digital piracy hinges chiefly on the perceived behavior and approval of others. This stands in contrast to US students. Within an explicit enforcement context, both social norms and perceived enforcement affect US students' decision making, whereas when there is no explicit enforcement context, both social norms and perceived duty to obey the law affect decision making. This study thus provides a warning that compliance theories and findings may not generalize well beyond the Western context. This necessitates the development of comparative compliance studies and more cross‐national replication.     

The universal applicability of the theory of neutralization: German youth coming to terms with the Holocaust

The purpose of this article is twofold. Empirically, it dwells on the little studied instance of people who never transgresses any legal or moral code, yet nonetheless experience tension resulting from inner norms/behavior conflict and resort to neutralization techniques to smooth this conflict. The subjects studied were German youths; while they had all been born after World War II, their sense of German historical continuity made them feel responsible for the crimes committed under the Nazi regime. It was found that in order to overcome the conflict between the humanist values they professed and the memory of the Holocaust, they employed four of the neutralization techniques habitually used by delinquent boys, as described by Sykes and Matza. Theoretically, the article contends than Sykes and Matza's theory of neutralization is a specific instance of the socio-psychological cognitive consistency theory, and shows that the techniques enumerated by Sykes and Matza are embraced by the models constructed by students of that theory. At the same time, however, the article shows that Sykes and Matza's approach, which can be applied to non-delinquents and to situations which do not involve guilt, elucidates how people restore equilibrium without attitude change, a topic little explored by social psychologists. The article also discusses two universal modes of resolution of dilemmas: abstraction and relativization.     

The Evolutionary Game‐Theoretic Foundations of Law

Interdisciplinary work in the law often starts and stops with the social sciences. To produce a complete understanding of how law, evolutionary game‐theoretic insights must, however, supplement these more standard social scientific methods. To illustrate, this article critically examines The Force of Law by Frederick Schauer and The Expressive Powers of Law by Richard McAdams. Combining the methods of analytic jurisprudence and social psychology, Schauer clarifies the need for a philosophically respectable and empirically well‐grounded account of the ubiquity of legal sanctions. Drawing primarily on economic and social psychological paradigms, McAdams highlights law's potential to alter human behavior through expressions that coordinate. Still, these contributions generate further puzzles about how law works, which can be addressed using evolutionary game‐theoretic resources. Drawing on these resources, this article argues that legal sanctions are ubiquitous to law not only because they can motivate legal compliance, as Schauer suggests, but also because they provide the general evolutionary stability conditions for intrinsic legal motivation. In reaction to McAdams, this article argues that law's expressive powers can function to coordinate human behavior only because humans are naturally and culturally evolved to share a prior background agreement in forms of life. Evolutionary game‐theoretic resources can thus be used to develop a unified framework from within which to understand some of the complex interrelationships between legal sanctions, intrinsic legal motivation, and law's coordinating power. Going forward, interdisciplinary studies of how law works should include greater syntheses of contemporary insights from evolutionary game theory.     

Karl Renner and (Intellectual) Property—How Cognitive Theory Can Enrich a Sociolegal Analysis of Contemporary Copyright

This article deals with copyright regulation meeting the quite rapid societal changes associated with digitization, and it does so by reinterpreting Karl Renner's classical texts in the light of contemporary cognitive theory of conceptual metaphors and embodiment. From a cognitive theory perspective, I focus on the notion that the legal norms only appear to be unchanged—the Renner distinction between form and function. This includes social norms, technological development, and changes in social structures in general, which create a social and cognitive reinterpretation of law. This article, therefore, analyzes the contemporary push for copyright as property, which I relate to historical claims for copyright as property as well as de facto legal revisions in intellectual property faced with the challenges of digitization. Of particular relevance here is what Renner described in terms of property as an “institution of domination and control,” and thus the increased measures for control that are added to a digital context in the name of copyright.     

Expressive Law,Social Norms,and Social Groups

To understand how law works outside of sanctions or direct coercion, we must first appreciate that law does not generally influence individual behavior in a vacuum, devoid of social context. Instead, the way in which people interact with law is usually mediated by group life. In contrast to the instrumental view that assumes law operates on autonomous individuals by providing a set of incentives, the social groups view holds that a person's attitude and behavior regarding any given demand of law are generally products of the interaction of law, social influence, and motivational goals that are shaped by that person's commitments to specific in‐groups. Law can work expressively, not so much by shaping independent individual attitudes as by shaping group values and norms, which in turn influence individual attitudes. In short, the way in which people interact with law is mediated by group life.     

Morality, social norms and the rule of law as transaction cost-saving devices: the case of ancient Athens

The importance of the institutional framework for economic development is widely accepted today and it is duly stressed in the economic literature. The protection of property rights, the enforcement of contracts and an efficient legal system are the pillars of the contemporary rule of law. However, formal institutions cannot function without being internalized by the citizens and without the strong backing of social norms. Morality and social norms are the major elements of the informal institutional structure, the social capital, which is also critical for social welfare and economic development. In this paper we will discuss both the formal and the informal institutional framework of Ancient Athens, which was a free market society with economic problems similar to contemporary market societies. Athenians developed a highly sophisticated legal framework for the protection of private property, the enforcement of contracts and the efficient resolution of disputes. Such an institutional framework functioned effectively, cultivating trust and protecting the security of transactions. This entire system however was based on social norms such as reciprocity, the value of reputation and widely accepted business ethics. Conformity to social norms as well as moral behavior was fostered by social sanction mechanisms (such as stigma) and moral education. The Athenian example is a further proof of the importance of morality and social norms as transaction cost-saving devices even in quite sophisticated legal systems. Their absence or decline leads inevitably to the need for more regulation and litigation and to a growing preference for clear-cut rules instead of discretionary standards. Athenian law was pioneering in the development of rules and institutional mechanisms suitable for the reduction of transaction costs, many of them surviving in the most complex contemporary legal systems.     

Losers: Recovering Lost Property in Japan and the United States

This article examines the lost property regime of Japan, which has one of the most impressive reputations in the world for returning lost property to its rightful owner, and compares it with that of the United States. Folk legend attributes Japanese lost-and-found success to honesty and other-regarding preferences. In this article, I focus on another possible explanation: legal institutions that efficiently and predictably allocate and enforce possessory rights. These recognized, centuries-old rules mesh with norms, institutional structures, and economic incentives to reinforce mutually the message that each sends and yields more lost-property recovery than altruism alone.     

When sanctions convey moral norms

Sanctions not only have the instrumental function of deterring people from undesired behavior but they also have the ability to convey moral norms. As such, they may create a moral motivation not to engage in the sanctioned behavior. This is desirable as this makes the success of a sanctioning system depend less on quality of enforcement. However, sanctions may not always succeed in conveying moral norms. In this paper, three conditions are highlighted that, in the psychology literature, have been empirically proven to influence whether a sanction succeeds to evoke moral norms. First, a sanction should not be regarded as a way to make up for the negative consequences of a transgression a sanction. So, they should be communicated in a retributive way rather than in a compensatory way. Second, as punishments communicate an obligatory rule and rewards communicate a voluntary rule, punishments are a better way to incur moral norms than rewards. Third, severe sanctions more strongly convey a moral norm than mild ones as long as these severe sanctions are not unreasonably severe, are installed by trustworthy authorities and in a fair way. The value of the moral expressive function of sanctions, as well as its drawbacks, are discussed.     

Predicting police behavior: Ecology,class, and autonomy

Social ecological theories of crime have recently been extended to explain spatial variation in police behavior. Although these theories successfully identify community characteristics affecting local policing, they fail to acknowledge the class-based origins of formal social control and the relative autonomy of the police. This paper addresses the neglected class issue by integrating social ecological and critical theories in a model of police behavior. Cross-sectional data was obtained from twenty-five police agencies’ vice divisions and their corresponding jurisdictions to test the integrated hypothesis. Four social ecological variables and a fiscal measure of relative autonomy are examined as police behavior predictors. Findings reveal that both the autonomy measure and three of the social ecological variables explain significant variance in police behavior, thus supporting the inclusion of structural Marxism in a general theory of police behavior.     

民事诉讼中的勘验协力义务论析

勘验协力义务乃不负举证责任的当事人及第三人为协助法院进行勘验所尽的公法上义务,包括勘验标的物提交义务与勘验忍受义务两种基本类型.勘验协力义务设定之目的在于保证法院能基于正确的证据调查之结果而作出适正的裁判,具有正当事由时,当事人或第三人可以拒绝履行.违反勘验协力义务将遭受公法上的制裁,表现为：不负举证责任的当事人若违反勘验协力义务,法院将拟制举证人关于勘验标的物的主张甚至关于勘验标的物所证明之事实的主张为真实;第三人违反勘验协力义务时,将会被法院处以罚款、拘留等强制措施.我国现行民事诉讼法关于勘验协力义务之设定基本上停留在行为规范层面,并且在适用范围上几无限制,显非妥适,亟待完善.     

Social control of sexual assault by physicians and lawyers within the professional relationship: Criminal and disciplinary sanctions

Two penal sanctions may be imposed judicially on physicians and lawyers who are alleged to have sexually assaulted their patients and clients. Appellate opinions in each state reporting such a case were examined from 1980 through June, 1993, and generalizations from those opinions are reported here. In each profession, the administrative/disciplinary sanction imposed by the professional association may offer a stronger means of social control than does the criminal sanction. The efficacy of the disciplinary sanction, relative to the criminal, is attributable to the facts that the burden of proof is easier to meet and defenses commonly raised in sexual assault cases are not available in disciplinary proceedings. The significance of this pattern is discussed in relation to Black’s theory of the behavior of law, specifically with respect to the manner in which the style of social control is influenced by stratification, the relational distance between the parties, and organization. An earlier version of this article was presented at the National Conference on Ethics and the Professions, Gainesville, Florida, January 31, 1992. The author extends thanks to colleagues and the anonymous reviewers for their comments on an earlier draft.     

Cultural Spillovers: Copyright,Conceptions of Authors,and Commercial Practices

Economists, sociologists, and legal scholars agree that intellectual‐property law is fundamental to markets because legal control over copying motivates creative production. But in many markets, such as fashion and databases, there is little or no intellectual‐property protection, yet producers still create innovative products and earn profits. Research on such “negative spaces” in intellectual‐property law reveals that social norms can constrain copying and support creative production. This insight guided our analysis of markets for American literature before the Civil War, in both magazines (a negative space, where intellectual‐property law did not apply) and books (a positive space, where intellectual‐property law did apply). We observed similar understandings of authors and similar commercial practices in both spaces because many authors published the same work in both spaces. Based on these observations, we propose that cultural elements that develop in positive spaces may spill over to related negative spaces, inducing changes in buyers' and sellers' behavior in negative spaces. Our historical approach also revealed nuances—shades of gray—beyond the sharp distinction typically drawn between negative and positive spaces. In the 1850s, a few large‐circulation magazine publishers began to claim copyright, but many still allowed reprinting and none litigated to protect copyright.     

论客观归责与过失不法

传统过失论有可取之处也有明显缺陷,有待扬弃。客观归责理论站在新过失论的立场上,在实质化、规范化、精细化的方向上改造、发展了传统过失犯理论。但客观归责理论对过失不法的改造是有限的,传统过失论中的诸概念不应一概抛弃。对于客观归责理论框架下的过失不法,在制造危险的判断上,应站在事前的立场,参考行政规则、交往规范等因素,以"一般人+特别人"的能力为标准进行考察;在危险实现的判断上,应站在事后的立场,考察结果回避可能性、规范保护目的以及介入其他因素时对于归责的影响。