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Cultivating Conscience: How Good Laws Make Good People [Hardcover]

Lynn Stout
4.6 out of 5 stars  See all reviews (7 customer reviews)

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Book Description

October 4, 2010

Contemporary law and public policy often treat human beings as selfish creatures who respond only to punishments and rewards. Yet every day we behave unselfishly--few of us mug the elderly or steal the paper from our neighbor's yard, and many of us go out of our way to help strangers. We nevertheless overlook our own good behavior and fixate on the bad things people do and how we can stop them. In this pathbreaking book, acclaimed law and economics scholar Lynn Stout argues that this focus neglects the crucial role our better impulses could play in society. Rather than lean on the power of greed to shape laws and human behavior, Stout contends that we should rely on the force of conscience.

Stout makes the compelling case that conscience is neither a rare nor quirky phenomenon, but a vital force woven into our daily lives. Drawing from social psychology, behavioral economics, and evolutionary biology, Stout demonstrates how social cues--instructions from authorities, ideas about others' selfishness and unselfishness, and beliefs about benefits to others--have a powerful role in triggering unselfish behavior. Stout illustrates how our legal system can use these social cues to craft better laws that encourage more unselfish, ethical behavior in many realms, including politics and business. Stout also shows how our current emphasis on self-interest and incentives may have contributed to the catastrophic political missteps and financial scandals of recent memory by encouraging corrupt and selfish actions, and undermining society's collective moral compass.

This book proves that if we care about effective laws and civilized society, the powers of conscience are simply too important for us to ignore.


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Editorial Reviews

Review

Cultivating Conscience is a blistering attack on the 'law and economics' school, which has had an enormous impact in the US legal academy. . . . But despite that focus, Cultivating Conscience is not only for a US readership: its clear and highly readable style, enlivened by real-life examples, also makes it accessible and of great interest on this side of the Atlantic. . . . Cultivating Conscience is lucid and stimulating. (Bill Bowring Times Higher Education )

[D]uality in human nature, and the connection between conscience and public policy, is masterfully examined in this book by Lynn A. Stout. . . . Cultivating Conscience is a forceful and rational proposition for reasonable change. (John Michael Senger ForeWord Reviews )

Stout makes the compelling case that conscience is neither a rare nor quirky phenomenon, but a vital force woven into our daily lives. . . . This book proves that if we care about effective laws and civilized society, the powers of conscience are simply too important for us to ignore. (Marshal Zeringue Campaign for the American Reader blog )

Cultivating Conscience is one of those rare books--essentially a single-theme book, an apologia for the author's subject matter--that eruditely comingles several fields of knowledge, is clearly and succinctly written, holds the reader's full attention throughout, and whose contents affect the reader's thoughts at unsuspecting times and on various topics long after reading is complete. In short, it is well worth reading by both laypersons and professionals. (Cynthia C. Siebel PsycCRITIQUES )

From the Inside Flap

"Lynn Stout's rich and thought-provoking book explores the full spectrum of human behavior, from selfishness to self-sacrifice. Her insights will fascinate anyone interested in the law, economics, psychology, and everyday human existence."--Jared Diamond, author of Guns, Germs, and Steel and Collapse

"With evident pride in their own tough-mindedness, rational choice theorists have long insisted that people are self-interested in the narrow sense. Lynn Stout's tough-minded book should persuade all but the most stubborn of them to rethink their skepticism. The rest of us will find useful guidance for how to restructure environments to help bring out the best in everyone."--Robert H. Frank, author of The Economic Naturalist

"This concise book makes meaningful linkages between social science work and basic areas of the law in ways that will engage and resonate with general readers. Cultivating Conscience offers much food for reflection."--Robert C. Clark, Harvard Law School

"This is a powerful book. Its argument is timely, not only theoretically but practically. Eloquently written, a truly engaging read. This should be widely read--and, more importantly, acted upon."--Edward F. Fischer, Vanderbilt University


Product Details

  • Hardcover: 328 pages
  • Publisher: Princeton University Press (October 4, 2010)
  • Language: English
  • ISBN-10: 0691139954
  • ISBN-13: 978-0691139951
  • Product Dimensions: 5.5 x 1 x 8.5 inches
  • Shipping Weight: 1 pounds (View shipping rates and policies)
  • Average Customer Review: 4.6 out of 5 stars  See all reviews (7 customer reviews)
  • Amazon Best Sellers Rank: #91,319 in Books (See Top 100 in Books)

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Customer Reviews

4.6 out of 5 stars
(7)
4.6 out of 5 stars
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Most Helpful Customer Reviews
5 of 5 people found the following review helpful
5.0 out of 5 stars A very good and very important book. March 25, 2011
Format:Hardcover
The author critiques the common assumption, taught not only in economics but also in law, politics, and more, that humans are "homo economicus," i.e. rationally selfish utility maximizers whose primary (or sole) motivation is our own profit and well-being. Narrowly used, this model works well to describe our actions in a well regulated market, where the butcher, the baker, and the candlestick maker offer their products and services not for the well-being of their customers but to make money for themselves, but in so doing they benefit those customers. However, emphasizing our natural selfishness, and organizing our economy, laws, and politics to provide primarily or only external material rewards for behaviors we want to encourage and only external material costs to discourage other behaviors, ignores and unintentionally undermines our natural altruistic tendencies. Yes, we are naturally selfish, but we are also naturally altruistic, and social situations, laws, and expectations can influence which tendencies tend to motivate us and how. The author outlines results from experimental behavioral science showing that unselfish, prosocial behavior is common, crucial, and can be effectively encouraged and cultivated. (Even the fact that people take the time and effort to write unpaid book reviews for the benefit of others demonstrates this.) Ignoring conscience, and emphasizing only external rewards and punishments, sends the implicit message that we are expected to be and supposed to be solely selfish, thereby becoming a self-fulfilling prophecy, and undermining the prosocial altruistic behavior and trust that is a necessary condition for a well functioning and prosperous society, including that market in which the butcher's selfish desire to be paid incentivizes him to work for the benefit of his customer.
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4 of 4 people found the following review helpful
5.0 out of 5 stars Our book club is still talking about it November 29, 2010
Format:Hardcover|Amazon Verified Purchase
These were probably our most lively discussions we've had (and highest attendance). So many great moments... revelations, societal and personal, stirred by this great take on a complex subject with remarkable clarity and rivet. I emphatically recommend to your book club.
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4 of 5 people found the following review helpful
4.0 out of 5 stars Brilliant read, long overdue subject November 7, 2010
Format:Hardcover
This is a really interesting book that covers a lot of ground in a very readable fashion. Stout has some great ideas for straightening things out and getting our country back on track. I highly recommend everyone take note. Smart and inspiring.
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