The Third Function of Law Is to Transform Cultural Categories

How does law change society? In the rational actor model, law affects behavior only by changing incentives and information -- the command and coordination function of law. Under the view that humans are social animals, law is also a guidepost for s...

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Main Authors: Hoff, Karla, Walsh, James
Format: Working Paper
Language:English
Published: World Bank, Washington, DC 2019
Subjects:
Online Access:http://documents.worldbank.org/curated/en/489991565093510423/The-Third-Function-of-Law-Is-to-Transform-Cultural-Categories
http://hdl.handle.net/10986/32206
id okr-10986-32206
recordtype oai_dc
spelling okr-10986-322062022-09-05T00:20:50Z The Third Function of Law Is to Transform Cultural Categories Hoff, Karla Walsh, James BEHAVIORAL ECONOMICS FRAMING EFFECTS CULTURE LEGITIMACY SOCIAL NORMS CONDITIONAL CASH TRANSFERS CRIME LAW How does law change society? In the rational actor model, law affects behavior only by changing incentives and information -- the command and coordination function of law. Under the view that humans are social animals, law is also a guidepost for social norms that regulate behavior -- the expressive function of law. This paper proposes a third function of law—the schematizing function -- based on cognitive research that shows that individuals cannot think without categories. Law makes possible new kinds of exemplars, role models, and social interactions that give people prototypes that transform the categories they use, thereby reframing their options and influencing their behavior. This paper illustrates the schematizing power of law with examples from field and natural experiments. Like the one-two punch in a boxing match, the command and schematizing functions of law together can change society in situations where the command function alone would be ineffective or backfire. 2019-08-07T19:33:27Z 2019-08-07T19:33:27Z 2019-08 Working Paper http://documents.worldbank.org/curated/en/489991565093510423/The-Third-Function-of-Law-Is-to-Transform-Cultural-Categories http://hdl.handle.net/10986/32206 English Policy Research Working Paper;No. 8954 CC BY 3.0 IGO http://creativecommons.org/licenses/by/3.0/igo World Bank World Bank, Washington, DC Publications & Research Publications & Research :: Policy Research Working Paper
repository_type Digital Repository
institution_category Foreign Institution
institution Digital Repositories
building World Bank Open Knowledge Repository
collection World Bank
language English
topic BEHAVIORAL ECONOMICS
FRAMING EFFECTS
CULTURE
LEGITIMACY
SOCIAL NORMS
CONDITIONAL CASH TRANSFERS
CRIME
LAW
spellingShingle BEHAVIORAL ECONOMICS
FRAMING EFFECTS
CULTURE
LEGITIMACY
SOCIAL NORMS
CONDITIONAL CASH TRANSFERS
CRIME
LAW
Hoff, Karla
Walsh, James
The Third Function of Law Is to Transform Cultural Categories
relation Policy Research Working Paper;No. 8954
description How does law change society? In the rational actor model, law affects behavior only by changing incentives and information -- the command and coordination function of law. Under the view that humans are social animals, law is also a guidepost for social norms that regulate behavior -- the expressive function of law. This paper proposes a third function of law—the schematizing function -- based on cognitive research that shows that individuals cannot think without categories. Law makes possible new kinds of exemplars, role models, and social interactions that give people prototypes that transform the categories they use, thereby reframing their options and influencing their behavior. This paper illustrates the schematizing power of law with examples from field and natural experiments. Like the one-two punch in a boxing match, the command and schematizing functions of law together can change society in situations where the command function alone would be ineffective or backfire.
format Working Paper
author Hoff, Karla
Walsh, James
author_facet Hoff, Karla
Walsh, James
author_sort Hoff, Karla
title The Third Function of Law Is to Transform Cultural Categories
title_short The Third Function of Law Is to Transform Cultural Categories
title_full The Third Function of Law Is to Transform Cultural Categories
title_fullStr The Third Function of Law Is to Transform Cultural Categories
title_full_unstemmed The Third Function of Law Is to Transform Cultural Categories
title_sort third function of law is to transform cultural categories
publisher World Bank, Washington, DC
publishDate 2019
url http://documents.worldbank.org/curated/en/489991565093510423/The-Third-Function-of-Law-Is-to-Transform-Cultural-Categories
http://hdl.handle.net/10986/32206
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