New Economics Papers
on Law and Economics
Issue of 2011‒11‒14
two papers chosen by
Jeong-Joon Lee, Towson University


  1. The unbearable foreignness of EU law in social policy, a sociological approach to law-making. By Jean-Claude Barbier; Fabrice Colomb
  2. Laws and Norms By Roland Benabou; Jean Tirole

  1. By: Jean-Claude Barbier (Centre d'Economie de la Sorbonne); Fabrice Colomb (Centre Pierre Naville - Université d'Evry)
    Abstract: The main purpose of the present text is assessing EU law from the perspective of its "impact" on national systems of social protection, social services and labour law : how does EU governance affect "social policy" in the Union ? After recalling the main characteristics of EU governance and presenting the relevant actors of the making of EU social law, we systematically compare EU and national law with respect to two essential dimensions : EU law making in general and the special case of "social law". Eventually we arrive at a global comparative assessment of the respective legitimacies of EU law and national legislation. Considered from the point of view of relevant actors interviewed during the research, the dynamics of this interaction emerges as structurally constrained but rather open-ended.
    Keywords: Sociology of European law, European social policy, European integration, court of justice of the EU, Europeanization.
    JEL: I38 K31 H77
    Date: 2011–10
    URL: http://d.repec.org/n?u=RePEc:mse:cesdoc:11065&r=law
  2. By: Roland Benabou; Jean Tirole
    Abstract: This paper analyzes how private decisions and public policies are shaped by personal and societal preferences ("values"), material or other explicit incentives ("laws") and social sanctions or rewards ("norms"). It first examines how honor, stigma and social norms arise from individuals' behaviors and inferences, and how they interact with material incentives. It then characterizes optimal incentive-setting in the presence of norms, deriving in particular appropriately modified versions of Pigou and Ramsey taxation. Incorporating agents' imperfect knowledge of the distribution of preferences opens up to analysis several new questions. The first is social psychologists' practice of "norms-based interventions", namely campaigns and messages that seek to alter people’s perceptions of what constitutes "normal" behavior or values among their peers. The model makes clear how such interventions operate but also how their effectiveness is limited by a credibility problem, particularly when the descriptive and prescriptive norms conflict. The next main question is the expressive role of law. The choices of legislators and other principals naturally reflect their knowledge of societal preferences, and these same "community standards" are also what shapes social judgments and moral sentiments. Setting law thus means both imposing material incentives and sending a message about society's values, and hence about the norms that different behaviors are likely to encounter. The analysis, combining an informed principal with individually signaling agents, makes precise the notion of expressive law, determining in particular when a weakening or a strengthening of incentives is called for. Pushing further this logic, the paper also sheds light on why societies are often resistant to the message of economists, as well as on why they renounce certain policies, such as "cruel and unusual" punishments, irrespective of effectiveness considerations, in order to express their being "civilized".
    JEL: D64 D82 H41 K1 K42 Z13
    Date: 2011–11
    URL: http://d.repec.org/n?u=RePEc:nbr:nberwo:17579&r=law

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