Regulating behaviour and Lessig Flashcards
What did Lessig come up with?
Ways of regulating behaviour
what are the 2 ways of regulating behaviour?
Direct and indirect
What is the direct way of regulating behaviour?
Direct law- sanction and punishment
What are the 3 indirect ways of regulating behaviour?
Market/financial
Social norms
Architecture/code
Regulating behaviour: Theft of car radios:
Direct way
Ban on stealing radios-punishment if you do so
Regulating behaviour: Theft of car radios:
Indirect- market/financial
Subsidy, make the radios cheap to buy
Regulating behaviour: Theft of car radios:
Indirect- social norms
Through education teaching people that stealing is bad
Regulating behaviour: Theft of car radios:
Indirect- architecture/code
Type of radio only works in that type of car
Regulating behaviour: Theft of car radios:
For the individual
Direct
Thinking i might get punished
Regulating behaviour: Theft of car radios:
For the individual
Indirect-Market/financial
Increasing prison sentence, making radios cheaper to buy so no need to steal
Regulating behaviour: Theft of car radios:
For the individual
Indirect- Social norms
Negative stigma attached to theft and judgement upon the individual.
Regulating behaviour: Theft of car radios:
For the individual
Indirect-architecture/code
legal sentence increased
What 6 factors may determine how you decide upon which avenues to take?
Plasticity of the market The market Social/moral norms Architecture/code Cost vs. Effectiveness Proportionality in light of other goods
Factors influencing avenues:
Plasticity of the market
How changeable is the factor to the market
Factors influencing avenues:
The market
Influence it through taxes and subsides
E.g. alcohol
Factors influencing avenues:
Social/moral norms
Influence through education
Factors influencing avenues:
Architecture/code
Can be initiated by government OR can be left to individuals e.g. locking own doors
Factors influencing avenues:
Cost vs. Effectiveness
“Which means best advances the regulator’s goal, subject to the constraints that the regulator must recognise.”
Factors influencing avenues:
Proportionality in light of other goods
Fiscally efficient vs. reasonable. E.g. is the punishment excessive for the crime?
What are 2 advantages of architecture/code?
Nearly 100% effective
No enforcement needed-Locks are a lot cheaper than police patrolling a house
What are 3 disadvantages to architecture/code?
Restricts choice
Could reduce moral agency
Lack of transparency
There are 3 definitions of law, what are they?
An obligatory rule of conduct.
A rule of conduct imposed and enforced by the sovereign.
A system of rules that guides and directs our activities in much of day to day life.
What are the 5 purposes of law?
maintain order and wrong doing
provide an outlet for the peaceful resolution of disputes
facilitate and regulate private arrangements
re-distribute wealth
establish a stable society
Protection of Interests for the individual
individual personality
domestic relationships
Protection of interests for financial reasons
contracts
property
Protection of interests for the community
peace and security
public morals
Protection of interests for the state
state and the individual
state and other states
what are the 2 types of law?
International
Domestic which is split up into private/civil and public/criminal
Describe international law
governs the relationship of states with each other.
governs the state and their peoples relationship.
Describe domestic law-private/civil
governs the relationship of private parties (individuals/companies with each other) E.g. contract
Describe domestic law- public/criminal
governs the relationship of stages/governments with private parties
What are the 4 ways law is made?
legislation
common law
Europe
other jurisdictions
How law is made:
legislation, what are the 2 ways legislation is made
primary
secondary
How law is made: describe what primary legislation is
document which contains law made by parliament
How law is made:
describe how secondary legislation is mde
where parliament has passed on/delegated it’s law making powers to another body
How law is made:
common law
the rules of law that have evolved through court cases
How law is made: through which two ways in Europe
Eu and European council
Human rights act
How law is made: Europe- Eu and European council
Community laws were integrated in the English legal system by the act of Parliament.
How law is made:
Europe- Human rights act
Obliges authorities to act compatibly with convention rights
How law is made:
other jurisdictions
they may have expertise in that area
