Keith Mack
The question of why people obey the law has been debated by economists, philosophers, and sociologists. Economists credit deterrence, emphasizing the role of legal sanctions in influencing behavior, while sociologists point to legitimacy, suggesting that people obey the law because they view it as a legitimate authority. However, Professor Richard McAdams argues that these factors alone do not fully explain compliance. He proposes two theories: the coordination theory and the expressive theory. The coordination theory suggests that laws serve as focal points to help individuals avoid conflict or undesirable situations, while the expressive theory posits that laws signal new information and beliefs, influencing people's behavior. This article explores these theories and discusses the role of sanctions in shaping compliance with the law.
Characteristics and Values
| Characteristics | Values |
|---|---|
| Deterrence | Legal sanctions influence behavior |
| Legitimacy | People obey the law as they see it as a legitimate authority |
| Coordination | Law works as a focal point to help people avoid conflict or other undesirable situations |
| Signaling | Law signals new information and beliefs, causing people to update their behavior |
| Transparency | People need to know and understand the law to follow it |
| Predictability | People expect predictable results from the legal system |
| Uniformity | Laws should be applied uniformly |
| Openness | The system of making laws should be open and transparent |
| Accountability | The rule of law is effective when the observance of human rights rests upon adequate, effective, and accountable procedures and institutions |
| Effectiveness | Sanctions are considered an essential foreign policy tool that can precede more severe action |
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What You'll Learn
Deterrence and sanctions
The effectiveness of deterrence through sanctions is based on the assumption that individuals make rational choices, weighing the benefits of their actions against the potential consequences. The fear of sanctions, or the desire to avoid undesirable situations, can indeed influence behaviour and encourage compliance with the law. This is particularly true when sanctions are consistently and predictably enforced, contributing to a sense of certainty about the outcomes of breaking the law.
However, it is important to acknowledge that deterrence and sanctions do not provide a complete explanation for why people obey the law. While the threat of sanctions may deter some, it does not account for those who obey the law even when there is little risk of punishment. Additionally, sanctions may not always be effective in changing the behaviour of individuals or entities that are already inclined to break the law.
Other factors, such as legitimacy and coordination, also play a role in legal compliance. Legitimacy refers to the idea that people obey the law because they view it as a legitimate authority. They recognize the law's right to set rules and impose sanctions, contributing to a sense of social contract where individuals agree to live by certain laws to maintain social order. Coordination, as explained by Professor Richard McAdams, suggests that laws serve as focal points to help individuals avoid conflict or undesirable situations, regardless of sanctions or legitimacy. For example, following traffic signs helps prevent accidents, irrespective of the potential sanctions for non-compliance.
In conclusion, while deterrence and sanctions are important factors in understanding legal compliance, they are not sufficient on their own. A comprehensive understanding of why we obey the law must also consider factors like legitimacy, coordination, and the expressive power of law in signalling new information and beliefs.
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Legitimacy and authority
The question of why people obey the law has been a topic of debate among economists, philosophers, and sociologists. While economists attribute it to deterrence, with legal sanctions influencing behaviour, sociologists emphasize the idea of legitimacy, suggesting that people obey the law because they view it as a legitimate authority. This perspective highlights the perceived authority and authenticity of the law, which goes beyond the fear of sanctions or penalties.
Authority, in the context of law, refers to the power or right to give commands, make decisions, and enforce obedience. This authority is often vested in governmental institutions, such as legislative bodies, law enforcement agencies, and the judiciary. The recognition of this authority is essential for the effective functioning of the legal system. When individuals view the law as a legitimate authority, they are more likely to comply with its rules and regulations.
However, it is essential to acknowledge that legitimacy and authority are not solely dependent on each other. A legal system's authority can be derived from various sources, including historical precedent, constitutional provisions, or international recognition. On the other hand, legitimacy is a more complex and subjective concept. It involves a collective belief in the fairness, morality, and effectiveness of the law. Legitimacy is shaped by societal values, cultural norms, and the extent to which the law aligns with the community's sense of justice.
The coordination theory, proposed by Professor Richard McAdams, offers additional insight into the role of legitimacy and authority. This theory suggests that laws serve as focal points to help individuals avoid conflict and undesirable situations. For instance, a one-way traffic sign is typically obeyed to prevent accidents, regardless of the fear of sanctions. This example illustrates how laws facilitate coordination and allow individuals to align their actions with those of others, thereby avoiding potential conflict.
In conclusion, the concepts of legitimacy and authority are integral to understanding why individuals obey the law. Legitimacy implies a perception of fairness and respect for the law, while authority signifies the recognized power to enforce it. While sanctions and deterrence play a role in influencing behaviour, the underlying legitimacy and authority of the law are more enduring factors in ensuring compliance.
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Coordination and conflict avoidance
The coordination theory, as explained by Professor Richard McAdams, suggests that laws serve as a focal point to help people avoid conflict or other undesirable situations. This theory emphasizes that individuals obey the law not solely due to sanctions or the legitimacy of the authority but also to coordinate their actions with others and prevent undesirable outcomes.
For instance, considering a one-way traffic sign, individuals follow this law not merely due to the fear of sanctions but because they understand that others will also be following the same rule. By obeying the sign, they can avoid potential head-on collisions that could occur if they went the wrong way. In this case, the law acts as a signal that allows people to coordinate their actions and avoid conflict.
The coordination theory highlights the expressive power of the law in facilitating coordination and conflict avoidance. It suggests that laws provide a common framework for individuals to align their behaviors and avoid undesirable situations, regardless of sanctions or the authority's legitimacy. This theory challenges the notion that deterrence and legal sanctions are the primary drivers of compliance and suggests that the law's ability to enable coordination plays a significant role in influencing behavior.
However, it is important to acknowledge that the coordination theory may not apply universally. As Professor McAdams noted, there are individuals who are willing to engage in conflict and have a single strategy that they adhere to, regardless of the actions of others. In such cases, sanctions or legitimacy may become more relevant factors in influencing behavior. Nevertheless, the coordination theory offers valuable insight into how laws can facilitate coordination and conflict avoidance in many situations.
In conclusion, the coordination theory proposed by Professor McAdams provides a nuanced perspective on why individuals obey the law. It suggests that laws serve as focal points for coordination, allowing individuals to align their actions and avoid conflict. While sanctions and legitimacy may play a role, the theory highlights the expressive power of the law in facilitating coordination, which is an essential aspect of social order.
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Signalling and belief updating
McAdams' coordination theory states that law acts as a focal point to help people avoid conflict or undesirable situations. For example, a one-way traffic sign can be obeyed without sanctions or legitimacy because people want to avoid a collision. The law, therefore, allows people to coordinate their actions and expectations.
However, the law also signals information about risk or public attitudes that can cause people to update their beliefs and behaviour. For instance, smoking restrictions in public places signal a shift in public attitudes towards smoking and the risks associated with it. People may then update their beliefs about the social acceptability of smoking and change their behaviour accordingly.
This belief updating can also occur in response to legal sanctions. For example, the threat of economic sanctions by a powerful country can signal to other countries that certain actions or policies are unacceptable. Beliefs about the potential costs and benefits of complying with or violating international norms can be updated, leading to changes in behaviour and policy decisions.
In summary, signalling and belief updating are important mechanisms through which the law influences behaviour. The law provides information and signals that people use to update their beliefs and coordinate their actions, thereby contributing to social order and stability.
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Social contract and social order
The social contract is a concept that explains why people obey the law to maintain social order. It refers to an implicit agreement among citizens to follow certain laws and rules in exchange for the benefits of living in a well-ordered society. This idea is essential to the functioning of the rule of law, which relies on the majority of individuals agreeing to abide by it, even without the presence of law enforcement.
While sanctions and deterrence are often cited as reasons for compliance, they do not fully explain why people obey the law. Sanctions, as penalties imposed for violating laws, are indeed a form of enforcement. However, the existence of sanctions alone does not prevent everyone from breaking the law. Economists emphasize deterrence, arguing that the fear of sanctions influences behaviour. On the other hand, sociologists attribute compliance to legitimacy, suggesting that people obey because they view the law as a legitimate authority.
Professor Richard McAdams offers two theories that go beyond sanctions and legitimacy. The first is the coordination theory, which suggests that laws serve as focal points to help individuals avoid conflict or undesirable situations. For instance, a one-way traffic sign is followed not solely due to sanctions or legitimacy but also to coordinate with other drivers and prevent collisions. Laws, therefore, facilitate coordination and help individuals avoid negative outcomes.
McAdams' second theory focuses on the expressive power of law, suggesting that laws signal new information and beliefs, influencing people to update their behaviour. People often consider the beliefs of others when forming their own, and changes in beliefs can lead to changes in behaviour. Thus, laws not only impose rules but also convey societal values and attitudes, shaping how individuals act.
To ensure a well-functioning social contract and social order, it is crucial to have an open and transparent law-making process. People are more likely to obey the law when they understand it and know why they are being asked to follow it. Predictability in legal outcomes is also essential, as it enables individuals to use the law as a guide for their actions. While sanctions play a role in enforcing the law, they are not sufficient alone to explain why people obey. A combination of factors, including coordination, expression of values, legitimacy, and deterrence, contribute to maintaining social order through the social contract.
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Frequently asked questions
Sanctions are legal agreements that impose approvals, rules, guidelines, and penalties on conduct. They are used by governments and multinational bodies to alter the strategic decisions of state and non-state actors that threaten their interests or violate international norms of behavior.
Sanctions are a form of deterrence that can influence behavior. However, they are not the sole reason why people obey the law. People also obey the law because they see it as a legitimate authority and because it allows them to coordinate and avoid conflict.
Examples of sanctions include travel bans, asset freezes, arms embargoes, and trade restrictions.
