Academic

Keenan on Norms & Globalization

By Lawrence Solum

Patrick Keenan (University of Illinois - College of Law) has posted Do Norms Still Matter? The Corrosive Effects of Globalization on the Vitality of Norms (Vanderbilt Journal of Transnational Law, Forthcoming) on SSRN.  Here is the abstract:

Why does the process of globalization undermine the power of social norms to regulate behavior? Norms are the social regularities that shape individual behavior and help to create vibrant, or dysfunctional, communities. Most theories of norms do not account for the many ways that globalization affects the foundations of norms. This article fills the gap by developing a more robust theory of the informal regulation of behavior that considers the ways that the process of globalization can interfere with the creation of norms and erode their power. I defend three primary claims. First, I argue that because individuals in a globalizing community typically suffer from significant disruptions in relationships, the community's ability to regulate itself is eroded. In vibrant communities, residents are willing to intervene in the lives of their neighbors by, for example, scolding children who misbehave in public or teenagers who deface buildings. But in a globalizing community, the conditions that give rise to this willingness to intervene are eroded by the process of globalization. Second, I argue that globalization can distort the process of creating and enforcing social norms by allowing individuals to, in effect, immunize themselves from the sanctions typically employed to enforce norms. For example, differences in social status affect the ways that observers judge illicit behavior, and the ways that they condemn, condone, or ignore that behavior. Third, I argue that globalization also makes it possible for individuals to engage in what I call reputational segmentation. In this process, people who wish to engage in an activity that carries social sanctions do so in a place where they are immune to the real effects of those sanctions. For example, a Western tourist who travels to the developing world to engage in illicit sexual activity, often with children, may suffer social sanctions in the destination community, but those sanctions do not follow him back to his country of origin. And because the quality of the person's life is affected almost entirely by his reputation in his country of origin, the ability to engage in reputational segmentation allows him to escape the consequences of his actions.

Full post as published by Legal Theory Blog on March 14, 2008 (boomark / email).