Testing the Expressive Theory of Punishment
In: Journal of Empirical Legal Studies, Volume 13, Issue 2, p. 358-392
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In: Journal of Empirical Legal Studies, Volume 13, Issue 2, p. 358-392
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Working paper
In: Northwestern Public Law Research Paper No. 10-28
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Working paper
In: Journal of institutional and theoretical economics: JITE, Volume 166, Issue 1, p. 194
ISSN: 1614-0559
In: Boston University Law Review, Volume 87, p. 1059
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In: The Psychology of Pollution Control, 54 Arizona State Law Journal __ (2022).
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In a democratic society, law is an important means to express, manipulate, and enforce moral codes. Demonstrating empirically that law can achieve moral goals is difficult. Nevertheless, public interest groups spend considerable energy and resources to change the law with the goal of changing not only morally-laden behaviors, but also morally-laden cognitions and emotions. Additionally, even when there is little reason to believe that a change in law will lead to changes in behavior or attitudes, groups see the law as a form of moral capital that they wish to own, to make a statement about society. Examples include gay sodomy laws, abortion laws, and Prohibition. In this Chapter, we explore the possible mechanisms by which law can influence attitudes and behavior. To this end, we consider informational and group influence of law on attitudes, as well as the effects of salience, coordination, and social meaning on behavior, and the behavioral backlash that can result from a mismatch between law and community attitudes. Finally, we describe two lines of psychological research—symbolic politics and group identity— that can help explain how people use the law, or the legal system, to effect expressive goals.
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In: Psychology and the Law
Offers psychological insights into how people perceive, respond to, value, and make decisions about the environmentEnvironmental law may seem a strange space to seek insights from psychology. Psychology, after all, seeks to illuminate the interior of the human mind, while environmental law is fundamentally concerned with the exterior surroundings—the environment—in which people live.Yet psychology is a crucial, undervalued factor in how laws shape people's interactions with the environment. Psychology can offer environmental law a rich, empirically informed account of why, when, and how people act in ways that affect the environment—which can then be used to more effectively pursue specific policy goals. When environmental law fails to incorporate insights from psychology, it risks misunderstanding and mispredicting human behaviors that may injure or otherwise affect the environment, and misprescribing legal tools to shape or mitigate those behaviors.The Psychology of Environmental Law provides key insights regarding how psychology can inform, explain, and improve how environmental law operates. It offers concrete analyses of the theoretical and practical payoffs in pollution control, ecosystem management, and climate change law and policy when psychological insights are taken into account
In: THE SAGE HANDBOOK OF SOCIAL PSYCHOLOGY, Michael Hogg, Joel Cooper, eds., pp. 458-476, Sage, 2003
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In: The Oxford Handbook of Behavioral Economics and the Law
In: Northwestern University Law Review, Volume 111, Issue 6
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This white paper is the joint product of nineteen professors of criminal law and procedure who share a common conviction: that the path toward a more just, effective, and reasonable criminal system in the United States is to democratize American criminal justice. In the name of the movement to democratize criminal justice, we herein set forth thirty proposals for democratic criminal justice reform.
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