| Abstract: |
According to expressive law theories, expression of values is an important
function played by the law. Expressive laws affect behavior, not by
threatening sanctions or promising rewards, but by changing individual
preferences and tastes and, in some cases, by affecting social norms and
values. New laws, however, can run against sticky social norms, failing to
achieve their expressive effects. By developing a dynamic model, in this paper
we show that inexpressive laws (laws whose expressive function is undermined
by sticky norms) can not only be ineffective but can push the values of
society away from those expressed by the law. We study the effects of legal
intervention on the values shared by members of society, considering the
feedback effects between laws and social norms. Just like expressive laws can
foster consensus in heterogeneous groups, inexpressive laws can create a
social divide, even in previously homogeneous societies. |