Regulating behaviour and Lessig Flashcards
What did Lessig come up with?
Ways of regulating behaviour
what are the 2 ways of regulating behaviour?
Direct and indirect
What is the direct way of regulating behaviour?
Direct law- sanction and punishment
What are the 3 indirect ways of regulating behaviour?
Market/financial
Social norms
Architecture/code
Regulating behaviour: Theft of car radios:
Direct way
Ban on stealing radios-punishment if you do so
Regulating behaviour: Theft of car radios:
Indirect- market/financial
Subsidy, make the radios cheap to buy
Regulating behaviour: Theft of car radios:
Indirect- social norms
Through education teaching people that stealing is bad
Regulating behaviour: Theft of car radios:
Indirect- architecture/code
Type of radio only works in that type of car
Regulating behaviour: Theft of car radios:
For the individual
Direct
Thinking i might get punished
Regulating behaviour: Theft of car radios:
For the individual
Indirect-Market/financial
Increasing prison sentence, making radios cheaper to buy so no need to steal
Regulating behaviour: Theft of car radios:
For the individual
Indirect- Social norms
Negative stigma attached to theft and judgement upon the individual.
Regulating behaviour: Theft of car radios:
For the individual
Indirect-architecture/code
legal sentence increased
What 6 factors may determine how you decide upon which avenues to take?
Plasticity of the market The market Social/moral norms Architecture/code Cost vs. Effectiveness Proportionality in light of other goods
Factors influencing avenues:
Plasticity of the market
How changeable is the factor to the market
Factors influencing avenues:
The market
Influence it through taxes and subsides
E.g. alcohol
Factors influencing avenues:
Social/moral norms
Influence through education
Factors influencing avenues:
Architecture/code
Can be initiated by government OR can be left to individuals e.g. locking own doors
Factors influencing avenues:
Cost vs. Effectiveness
“Which means best advances the regulator’s goal, subject to the constraints that the regulator must recognise.”
Factors influencing avenues:
Proportionality in light of other goods
Fiscally efficient vs. reasonable. E.g. is the punishment excessive for the crime?
What are 2 advantages of architecture/code?
Nearly 100% effective
No enforcement needed-Locks are a lot cheaper than police patrolling a house
What are 3 disadvantages to architecture/code?
Restricts choice
Could reduce moral agency
Lack of transparency
There are 3 definitions of law, what are they?
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.
What are the 5 purposes of law?
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
Protection of Interests for the individual
individual personality
domestic relationships
