Stephanie Bair & Laura Pedraza-Fariña, Anti-Innovation Norms, 112 Nw. L. Rev. 1069 (2018).

Dotan Oliar

The early legal literature on law and social norms tended to paint a rosy picture. Social norms were generally depicted as an optimal set of organically developed rules, informed by the experience of a close-knit community, and thus superior to formal law as a way of regulating behavior. Later scholars came to realize that nothing guarantees the optimality of social norms: they may perpetuate practices that […]