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LAW > Regulating behaviour and Lessig > Flashcards

Regulating behaviour and Lessig Flashcards

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1
Q

What did Lessig come up with?

A

Ways of regulating behaviour

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2
Q

what are the 2 ways of regulating behaviour?

A

Direct and indirect

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3
Q

What is the direct way of regulating behaviour?

A

Direct law- sanction and punishment

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4
Q

What are the 3 indirect ways of regulating behaviour?

A

Market/financial
Social norms
Architecture/code

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5
Q

Regulating behaviour: Theft of car radios:

Direct way

A

Ban on stealing radios-punishment if you do so

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6
Q

Regulating behaviour: Theft of car radios:

Indirect- market/financial

A

Subsidy, make the radios cheap to buy

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7
Q

Regulating behaviour: Theft of car radios:

Indirect- social norms

A

Through education teaching people that stealing is bad

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8
Q

Regulating behaviour: Theft of car radios:

Indirect- architecture/code

A

Type of radio only works in that type of car

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9
Q

Regulating behaviour: Theft of car radios:
For the individual
Direct

A

Thinking i might get punished

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10
Q

Regulating behaviour: Theft of car radios:
For the individual
Indirect-Market/financial

A

Increasing prison sentence, making radios cheaper to buy so no need to steal

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11
Q

Regulating behaviour: Theft of car radios:
For the individual
Indirect- Social norms

A

Negative stigma attached to theft and judgement upon the individual.

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12
Q

Regulating behaviour: Theft of car radios:
For the individual
Indirect-architecture/code

A

legal sentence increased

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13
Q

What 6 factors may determine how you decide upon which avenues to take?

A 
Plasticity of the market
The market
Social/moral norms
Architecture/code
Cost vs. Effectiveness
Proportionality in light of other goods
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14
Q

Factors influencing avenues:

Plasticity of the market

A

How changeable is the factor to the market

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15
Q

Factors influencing avenues:

The market

A

Influence it through taxes and subsides

E.g. alcohol

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16
Q

Factors influencing avenues:

Social/moral norms

A

Influence through education

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17
Q

Factors influencing avenues:

Architecture/code

A

Can be initiated by government OR can be left to individuals e.g. locking own doors

18
Q

Factors influencing avenues:

Cost vs. Effectiveness

A

“Which means best advances the regulator’s goal, subject to the constraints that the regulator must recognise.”

19
Q

Factors influencing avenues:

Proportionality in light of other goods

A

Fiscally efficient vs. reasonable. E.g. is the punishment excessive for the crime?

20
Q

What are 2 advantages of architecture/code?

A

Nearly 100% effective

No enforcement needed-Locks are a lot cheaper than police patrolling a house

21
Q

What are 3 disadvantages to architecture/code?

A

Restricts choice
Could reduce moral agency
Lack of transparency

22
Q

There are 3 definitions of law, what are they?

A

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.

23
Q

What are the 5 purposes of law?

A

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

24
Q

Protection of Interests for the individual

A

individual personality

domestic relationships

25
Q

Protection of interests for financial reasons

A

contracts

property

26
Q

Protection of interests for the community

A

peace and security

public morals

27
Q

Protection of interests for the state

A

state and the individual

state and other states

28
Q

what are the 2 types of law?

A

International

Domestic which is split up into private/civil and public/criminal

29
Q

Describe international law

A

governs the relationship of states with each other.

governs the state and their peoples relationship.

30
Q

Describe domestic law-private/civil

A

governs the relationship of private parties (individuals/companies with each other) E.g. contract

31
Q

Describe domestic law- public/criminal

A

governs the relationship of stages/governments with private parties

32
Q

What are the 4 ways law is made?

A

legislation
common law
Europe
other jurisdictions

33
Q

How law is made:

legislation, what are the 2 ways legislation is made

A

primary

secondary

34
Q

How law is made: describe what primary legislation is

A

document which contains law made by parliament

35
Q

How law is made:

describe how secondary legislation is mde

A

where parliament has passed on/delegated it’s law making powers to another body

36
Q

How law is made:

common law

A

the rules of law that have evolved through court cases

37
Q

How law is made: through which two ways in Europe

A

Eu and European council

Human rights act

38
Q

How law is made: Europe- Eu and European council

A

Community laws were integrated in the English legal system by the act of Parliament.

39
Q

How law is made:

Europe- Human rights act

A

Obliges authorities to act compatibly with convention rights

40
Q

How law is made:

other jurisdictions

A

they may have expertise in that area

LAW (6 decks)

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