Expressive Law and the Americans with Disabilities Act

Geisinger, Alex C. & Stein, Michael Ashley

Journal: Michigan Law Review

Volume: 114

First Page: 1061

Year: 2016

Bluebook Citation: 114 MICH. L. REV. 1061 (2016)

Author: Michael Ashley Stein: all 31 publications


Abstract

The question of why people follow the law has long been a subject of scholarly consideration. Prevailing accounts of how law changes behavior coalesce around two major themes: legitimacy and deterrence. Advocates of legitimacy argue that law is obeyed when it is created through a legitimate process and its substance comports with community mores. Others emphasize deterrence, particularly those who subscribe to law-and-economics theories.

These scholars argue that law makes certain socially undesirable behaviors more costly, and thus individuals are less likely to undertake them.

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