2019
DOI: 10.1596/1813-9450-8954
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The Third Function of Law is to Transform Cultural Categories

Abstract: The Policy Research Working Paper Series disseminates the findings of work in progress to encourage the exchange of ideas about development issues. An objective of the series is to get the findings out quickly, even if the presentations are less than fully polished. The papers carry the names of the authors and should be cited accordingly. The findings, interpretations, and conclusions expressed in this paper are entirely those of the authors. They do not necessarily represent the views of the International Ba… Show more

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Cited by 8 publications
(3 citation statements)
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“…For instance, subsidization of low-carbon energy (Otto et al, 2020) or transport modes and tax benefits of electric vehicles (Sharpe and Lenton, 2021) are government-led positive tipping interventions that can accelerate the adoption of these technologies and create cascading effects on energy and transport systems. Moreover, policies have a secondary impact on society by signalling what is socially approved or disapproved and setting social norms (Hoff and Walsh, 2019), according to a mechanism called the "expressive function of law" (McAdams, 2015;Sunstein, 1996). Several studies confirm the expressive function of law in other contexts, such as compulsory voting in Switzerland (Funk, 2007), legalizing same-sex marriage in the US (Tankard and Paluck, 2017), and social-distancing policies during COVID lockdowns in the UK (Galbiati et al, 2021).…”
Section: Cascading Effects In Sociopolitical Systemsmentioning
confidence: 99%
“…For instance, subsidization of low-carbon energy (Otto et al, 2020) or transport modes and tax benefits of electric vehicles (Sharpe and Lenton, 2021) are government-led positive tipping interventions that can accelerate the adoption of these technologies and create cascading effects on energy and transport systems. Moreover, policies have a secondary impact on society by signalling what is socially approved or disapproved and setting social norms (Hoff and Walsh, 2019), according to a mechanism called the "expressive function of law" (McAdams, 2015;Sunstein, 1996). Several studies confirm the expressive function of law in other contexts, such as compulsory voting in Switzerland (Funk, 2007), legalizing same-sex marriage in the US (Tankard and Paluck, 2017), and social-distancing policies during COVID lockdowns in the UK (Galbiati et al, 2021).…”
Section: Cascading Effects In Sociopolitical Systemsmentioning
confidence: 99%
“…For instance, subsidisation of low-carbon energy (Otto et al, 2020) or transport modes, and tax benefits of electric vehicles are government-led positive tipping interventions that can accelerate the adoption of these technologies and create cascading effects on energy and transport systems. Moreover, policies have a secondary impact on society by signalling what is socially approved or disapproved and setting social norms (Hoff and Walsh, 2019), according to a mechanism called the 'expressive function of law' (McAdams, 2015;Sunstein, 1996). Several studies confirm the expressive function of law in other contexts, such as compulsory voting in Switzerland (Funk, 2007), legalizing same-sex marriage in the US (Tankard and Paluck, 2017), and social-distancing policies during COVID lockdowns in the UK (Galbiati et al, 2021).…”
Section: Cascading Effects In Sociopolitical Systemsmentioning
confidence: 99%
“…However, severe penalties may be counter-productive (Keane et al 2008), especially if deemed to be illegitimate, as this can override rational considerations of risk and compromise the social acceptability of penalties. To make legislation effective, law and policy may also need to address how people culturally engage with the subjects of persecution (Hoff and Walsh 2019), whether those subjects are people or wildlife.…”
Section: Mental Modelsmentioning
confidence: 99%