Norms as obligations

Economists model legal compliance as the process of maximizing utility while weighing the consequences from norm violation against other (monetary and non-monetary) considerations. Legal philosophers, on the other hand, believe that the normative side of law is central. Citizens comply because they have an obligation to do so. Legal norms provide exclusionary reasons that prevent weighing up on other issues. We test and compare both models in a controlled online experiment. We conduct a modified dictator game with partially unknown yet ascertainable payoffs, and vary between treatments the presence and content of authoritative norms. Our experimental results show that – in the presence of a norm – participants follow norms without searching for information that they deem important in the absence of a norm. This pattern is independent of the specific content of the norm. Our results are consistent with the legal model of norm compliance. • Experiment tests norm compliance using modified dictator game. • Norms reduce information search, independent of content. • High compliance observed with both selfish and sacrificial norms. • Results support legal model of norms as obligations. • Suggests norms act as exclusionary reasons in decision-making.

Authors

Publication Details

Journal
International Review of Law and Economics
Published
2024-11-26
DOI
https://doi.org/10.1016/j.irle.2024.106235
Citations
2
Primary Topic
Law, Economics, and Judicial Systems
Type
article
Field-Weighted Citation Impact
2.26

Funders

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article

Norms as obligations

Wladislaw Mill, Michael Kurschilgen, Leonard Hoeft
2 citations
International Review of Law and Economics
Law, Economics, and Judicial Systems
2.26
article

Norms as obligations

Wladislaw Mill, Michael Kurschilgen, Leonard Hoeft
article en
2 citations

Abstract

Economists model legal compliance as the process of maximizing utility while weighing the consequences from norm violation against other (monetary and non-monetary) considerations. Legal philosophers, on the other hand, believe that the normative side of law is central. Citizens comply because they have an obligation to do so. Legal norms provide exclusionary reasons that prevent weighing up on other issues. We test and compare both models in a controlled online experiment. We conduct a modified dictator game with partially unknown yet ascertainable payoffs, and vary between treatments the presence and content of authoritative norms. Our experimental results show that – in the presence of a norm – participants follow norms without searching for information that they deem important in the absence of a norm. This pattern is independent of the specific content of the norm. Our results are consistent with the legal model of norm compliance. • Experiment tests norm compliance using modified dictator game. • Norms reduce information search, independent of content. • High compliance observed with both selfish and sacrificial norms. • Results support legal model of norms as obligations. • Suggests norms act as exclusionary reasons in decision-making.

International Review of Law and EconomicsVol. 81
Deutsche Forschungsgemeinschaft, Max-Planck-Gesellschaft, International Max Planck Research School for Advanced Methods in Process and Systems Engineering
Openalex Percentile: Top 7%
Law, Economics, and Judicial Systems
2.26
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Norms as obligations — Wladislaw Mill, Michael Kurschilgen, et al. · International Review of Law and Economics (2024) | TGRS Research Map | TGRS