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Vol 25 No 2 Feb/March 2020

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Lewin on Trusts

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The Law of Good People: Challenging State Ability to Regulate Human Behavior

ISBN13: 9781107137103
Published: July 2018
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £85.00
Paperback edition , ISBN13 9781316502082

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Currently, the dominant enforcement paradigm is based on the idea that states deal with “bad people”—or those pursuing their own self-interests—with laws that exact a price for misbehavior through sanctions and punishment.

At the same time, by contrast, behavioral ethics posits that “good people” are guided by cognitive processes and biases that enable them to bend the laws within the confines of their conscience.

In this illuminating book, Yuval Feldman analyzes these paradigms and provides a broad theoretical and empirical comparison of traditional and non-traditional enforcement mechanisms to advance our understanding of how states can better deal with misdeeds committed by normative citizens blinded by cognitive biases regarding their own ethicality.

By bridging the gap between new findings of behavioral ethics and traditional methods used to modify behavior, Feldman proposes a “law of good people” that should be read by scholars and policymakers around the world.

1. Introduction
2. Behavioral Ethics and the Meaning of Good People for Legal Enforcement
3. Revisiting Traditional Enforcement Interventions
4. Revisiting Non-Formal Enforcement Interventions
5. The Role of Social Norms in Legal Compliance and Enforcement
6. Are All People Equally Good?
7. Pluralistic Account of the Law: The Multiple Effects of Law on Behaviour
8. Enforcement Dilemmas and Behavioral Trade-offs
9. Behavioural Perspectives of Corruption
10. Behavioural Perspectives of Employment Discrimination
11. Summary and Conclusion.