Unjust laws and illegal norms

Emanuela Carbonara, Francesco Parisi and Georg von Wangenheim

International Review of Law and Economics, 2012, vol. 32, issue 3, 285-299

Abstract: Due to a variety of circumstances, lawmakers occasionally create laws whose aims are perceived as outright unjust by the majority of the people. In other situations, the law may utilize improper means for the pursuit of a just goal. In all such cases, lawmaking processes generate rules that do not reflect the values of the underlying population. In these cases individuals may face legal commands or prohibitions that conflict with their sense of justice or fairness. Individuals can oppose unjust laws through protest. Social opposition to unjust laws may trigger social norms that can have countervailing effects on legal intervention. The dynamic effects of these phenomena are the object of this paper.

Keywords: Social norms; Countervailing effect; Expressive function; Law enforcement; Civil disobedience (search for similar items in EconPapers)
JEL-codes: B52 D70 K10 K42 Z13 (search for similar items in EconPapers)
Date: 2012
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Citations: View citations in EconPapers (14)

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Persistent link: https://EconPapers.repec.org/RePEc:eee:irlaec:v:32:y:2012:i:3:p:285-299

DOI: 10.1016/j.irle.2012.03.001

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