Impact: How Law Affects Behavior

"The book concerns a fundamental question in the study of the relationship between law and society: under what conditions does a law, rule, decision, or doctrine actually make a difference in the behavior of those who are subject to this aspect of the legal system. There is a large body of scholarship which, in one sense or another, deals with this issue. The two main sources of scholarship on impact are, first, studies in criminal justice; and second, studies of business regulation. The goal of the book is bring some conceptual clarity to an awkward, unwieldy, and unruly subject. In any discussion of impact, one has to begin with the issue of communication; a rule or law that never reaches its audience, or which is vague, or difficult to understand, will have no impact. The book discusses some of the factors that influence the process of communication. But once a rule is communicated, what happens then? Sometimes the subjects comply; sometimes they fail to comply; sometimes they adjust or evade. There are three clusters of motives that affect the reaction of subject: first, deterrence (rewards and punishments); second, peer group influence; and third, issues of conscience, legitimacy, and morality. When all of these move in the same direction, the effect is quite powerful; if they conflict, it is impossible to predict which will prevail"--