Douglass C. North
Stuart A. Banner
Judge Harry T. Edwards

Inaugural Conference:
"Norms and the Law"


Professors in discussion
Elinor Ostrom and Juan-Camilo Cardenas (center) talking with Michael Heller
The Center for Interdisciplinary Studies at the Washington University School of Law presented a highly successful inaugural conference March 30-31, 2001. "Norms and the Law" focused on the works of some of the world's leading authorities in the fields of law, political science, and economics.

"This conference explored interrelationships between formal legal processes and norms-the social principles and informal constraints that guide behavior," says John Drobak, professor of law, professor of economics, and director of the Center for Interdisciplinary Studies. "In today's complex world, these intersections offer fascinating insights into human behavior and the role of law in addressing contemporary issues."

More than 100 participants-including legal scholars, economists, legal scientists, judges, anthropologists, and lawyers from the United States and as far away as the United Kingdom and France-attended the two-day conference at the School of Law's Anheuser-Busch Hall. The conference was divided into three sessions: "Cognition and Complexity," "Judicial Norms," and "Norms of the Commons." Authors, who had presented papers during three symposia held at Washington University the previous fall, returned with their final versions. Panelists, who had reviewed the papers, offered their views of the work. Questions and discussion from the audience followed each session.

Harry T. Edwards and Robert A. Pollak
Judge Harry T. Edwards (right) and Robert A. Pollak at Saturday's banquet

One of the distinguished authors for the "Cognition and Complexity" session of the conference was Douglass C. North, the Spencer T. Olin Professor in Arts & Sciences at Washington University. The author of The Process of Economic Change, North addressed cognitive science, learning; and social science theory in a dynamic world in his paper entitled "Law and Social Science in a World of Uncertainty."

"In the paper, I discuss the fundamentals that underlie institutions and how institutions fit into society," he explains. "We want to know how to understand the world around us. Living in this world of uncertainty, we've developed codes of conduct, many of which are not formal. I looked at the structures that humans impose on human interaction."

Other authors in this session were Cass R. Sunstein ("Damages, Norms, and Punishment"), University of Chicago, Law, and Lynn A. Stout ("Other-Regarding Preferences and Social Norms"), Georgetown University, Law.

Discussants for this group were Arthur T. Denzau, Claremont Graduate University, Economics; Pauline Kim, Washington University, Law; and Richard McAdams, University of Illinois, Law.

Professors discussing
Lawrence Lessig with John N. Drobak, director of the Center for Interdisciplinary Studies
Authors in the second session on "Judicial Norms" included John A. Ferejohn, Stanford University, Political Science, and New York University, Law, and Larry D. Kramer, New York University, Law. They co-authored "Independent Judges, Dependent Judiciary," which discussed inherent tensions in democratic legal values. Lawrence M. Friedman, Stanford University, Law, contributed "Judging the Judges: Some Remarks on the Way Judges Think and the Way Judges Do." In this paper, he addressed the autonomous, impartial, and independent nature of judges. "Interrogating Interdependence: Judging and Ascriptive Group Identity," the paper presented by Kathryn A. Abrams, Cornell University, Law, offered a perspective on judicial independence and judicial affiliation with racial groups.

Discussants for this segment of the conference were Judge Harry T. Edwards, United States Court of Appeals; Lee Epstein Washington University, Political Science and Law; and William N. Eskridge, Jr., Yale University, Law.

The previous fall, Ferejohn, like all the other authors, had met with Washington University law students enrolled in a course entitled "Norms and the Law: A Readings Course." Students were assigned to read all, or selected, works of an author from throughout that author's career. "The structure of that event forces one to take account of things forgotten," says Ferejohn. "The students were very good," he adds.

Dean Seligman and Judge Edwards
Judge Harry T. Edwards (center) and Dean Joel Seligman (right) with Jonathan Rose

One of the authors presenting at Saturday's "Norms and the Commons" session was Elinor Ostrom, Indiana University, Political Science. Her paper was titled "What Do People Bring into the Game? How Norms Help Overcome the Tragedy of the Commons. " She was joined by Juan-Camilo Cardenas, Universidad Javeriana, Bogota, Colombia. Robert C. Ellickson of Yale University, Law, focused his paper on "The Law and Economics of the Household." Lawrence Lessig of Stanford University, Law, wrote ".commons."

Discussants at this final session were Stuart A. Banner, Washington University, Law; R.H. Helmholz, University of Chicago, Law; Michael A. Heller, University of Michigan, Law; and Robert A. Pollak, Washington University; Economics and Business.

The keynote speaker for the conference was Amartya Sen, master of Trinity College in Cambridge, England, and recipient of the 1998 Alfred Nobel Memorial Prize in Economic Sciences. "Sen is an economist who goes beyond price theory and economic concerns to look at people's quality of life," explains Drobak. "His ideas are as respected in social work and in philosophy as in economics."

"Cognition and Complexity" Sessions
Lynn A. Stout and Cass R. Sustein enjoying a light moment with Douglass C. North (center) during the "Cognition and Complexity" session

During his career, Sen has been on the faculties of Harvard University, Oxford University, the London School of Economics, the Delhi School of Economics, and Jodavpur University. He has served as the president of the American Economic Association, the Indian Economic Association, the International Economic Association, and the Econometric Society.

The Bryan Cave Moot Courtroom was standing room only for Sen's address on "Normative Evaluation and Legal Analogues." The immensely successful conference concluded with a reception in the School of Law's Janite Lee Reading Room.

All conference papers can be viewed on the Washington University School of Law Web site at law.wustl.edu/.


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