A dynamic view on normative behavior : agent-based models of law
Title: A dynamic view on normative behavior : agent-based models of law
Author: MAYOR, Eunate
Citation: Florence : European University Institute, 2011
Series/Number: EUI PhD theses; Department of Law
When dealing with norm compliance, we can talk about three different layers. First, law's addressees consider their potential legal liability in case they don't abide the norm. Monetary sanctions, incentives and other deterrence measures are essential. Second, the morally persuasive role that is inherent to law, `it's the right thing to do'. Sometimes the `threat' of punishment is not the main reason for conformity, and non-pecuniary considerations must be taken into account. Individuals belong to communities, and share general respect for a system of values and norms. Norms are seen as a re ection of the set of behaviors that are desirable or legitimate in the shared view of society, and whose violation elicits at least informal disapproval. This socio-cultural aspect of law has deep implications in terms of policy: instilling a norm in countries where it currently does not prevail nor is culturally accepted may be a daunting task. This leads us to the third aspect of normative behavior proposed in this manuscript: the procedural aspect. Once the norm is established and the efficacy of its deterrence methods evaluated, authorities must find an adequate way to deal with cases of possible liability resulting from non-compliance. In order to disentangle the real nature and dynamics of normativity, the first issue requires finding the proper way to study the development of such phenomena: is it a spontaneous process over which individuals have little control, and which depends on psycho-cognitive human characteristics, or is it a more complex phenomenon? My suggestion is that it should be con- ceived within a social learning approach, emphasizing the cognitive out- comes of cultural learning. Furthermore, I believe that an interdisciplinary approach to the issue, mainly based on theories of social and customary norms and agent-based modeling, could offer fresh new insights.
Subject: Law; Interpretation and construction
Defence date: 6 June 2011; Examining Board: Prof. Giovanni Sartor, European University Institute (Supervisor), Prof. Cristiano Castelfranchi, Institute of Cognitive Sciences and Technologies, Prof. Jorge Nieto, Public University of Navarre, Prof. Sven Steinmo, European University Institute
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