Moral Norms, Adaptive Preferences, and Hedonic Psychology
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Jonathan S. Masur
Abstract
In a series of important papers published roughly twenty years ago, Professor Robert Cooter developed a comprehensive economic theory of moral norms. He explained the value of those norms, described the process by which norms are adopted, and offered a set of predictions regarding the circumstances under which an individual will choose to adopt a particular moral norm. This brief Article applies behavioral law and economics and hedonic psychology to expand upon Professor Cooter’s path-breaking theory. In particular, understanding welfare in hedonic terms — rather than preference-satisfaction terms — suggests a multitude of further situations in which individuals will justifiably seek to internalize moral norms. The hedonic approach to welfare then further suggests an enhanced role for the government to play in encouraging the adoption of welfare-enhancing norms. Cooter’s theory, combined with modern understandings of welfare and human behavior, thus offers powerful predictive and prescriptive possibilities.
© 2021 by Theoretical Inquiries in Law
Articles in the same Issue
- Frontmatter
- Introduction
- Addictive Law
- Framed by the Law: Experimental Evidence for the Effects of the Salience of the Law on Preferences
- Moral Norms, Adaptive Preferences, and Hedonic Psychology
- What’s So Special About General Verdicts? Questioning the Preferred Verdict Format in American Criminal Jury Trials
- Preference Change and Behavioral Ethics: Can States Create Ethical People?
- The Data Privacy Law of Brexit: Theories of Preference Change
- Do Good Citizens Need Good Laws? Economics and the Expressive Function
- Does the Law Change Preferences?
- Changing People’s Preferences by the State and the Law
- Preferences and Compliance with International Law
- Anti-preferences
- Influencing the Preferences of Children through Legal Impacts on Parenting Style
Articles in the same Issue
- Frontmatter
- Introduction
- Addictive Law
- Framed by the Law: Experimental Evidence for the Effects of the Salience of the Law on Preferences
- Moral Norms, Adaptive Preferences, and Hedonic Psychology
- What’s So Special About General Verdicts? Questioning the Preferred Verdict Format in American Criminal Jury Trials
- Preference Change and Behavioral Ethics: Can States Create Ethical People?
- The Data Privacy Law of Brexit: Theories of Preference Change
- Do Good Citizens Need Good Laws? Economics and the Expressive Function
- Does the Law Change Preferences?
- Changing People’s Preferences by the State and the Law
- Preferences and Compliance with International Law
- Anti-preferences
- Influencing the Preferences of Children through Legal Impacts on Parenting Style
