Journal article
Unjust laws and illegal norms



Publication Details
Authors:
Carbonara, E.; Parisi, F.; von Wangenheim, G.
Publication year:
2012
Journal:
International Review of Law and Economics
Pages range:
285-299
Volume number:
32
Start page:
285
End page:
299
ISSN:
0144-8188

Abstract
Due to a variety of circumstances, lawmakers occasionally create laws whose aims are perceived as outright unjust by the majority of the people. In other situations, the law may utilize improper means for the pursuit of a just goal. In all such cases, lawmaking processes generate rules that do not reflect the values of the underlying population. In these cases individuals may face legal commands or prohibitions that conflict with their sense of justice or fairness. Individuals can oppose unjust laws through protest. Social opposition to unjust laws may trigger social norms that can have countervailing effects on legal intervention. The dynamic effects of these phenomena are the object of this paper.


Keywords
Civil disobedience, Countervailing effect, Expressive function, Law enforcement, Social norms


Authors/Editors

Last updated on 2019-25-07 at 13:19