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Symbols, Signals, and Social Norms in Politics and the Law

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Posner, Eric A.·1998·The Journal of Legal Studies

Abstract

This article uses a signaling model to explain the role of symbols in people's behavior and beliefs, with special attention to legal manipulation of symbols. It is argued that certain actions become symbolic because they have the proper cost structure and because they are, for historical or psychological reasons, focal. The cost structure enables people to obtain advantages by revealing information about themselves in separating equilibria. The focal character of the action removes ambiguities about the motives for engaging in it. The government can in theory use standard legal instruments (which mainly affect the cost of the signal) to change equilibrium behavior and belief. The use of the law in this way is likely to have unpredictable effects because of multiple equilibria and of the sensitivity of behavior to parameters, but it occurs frequently because lobbying and other actions that influence law making can become signals themselves, and the law is simply an equilibrium outcome. The analysis is used to discuss flag desecration, censorship, voting, and anti-discrimination laws.

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Metadata

Authors
Posner, E. A.
Venue
The Journal of Legal Studies
Published
1998-06
Volume
27
Issue
S2
Pages
765-797
ISSN
  • 0047-2530 (ISSN-L)
  • 1537-5366
OpenAlex
W3121636425
Cited by
209
References
0
FWCI
25.72
Type
journal article
Language
en
Open access
green

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CoChat. (2026). Citation check: Symbols, Signals, and Social Norms in Politics and the Law. https://app.cochat.ai/papers/10.1086/468042
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Posner, E. A. (1998). Symbols, Signals, and Social Norms in Politics and the Law. The Journal of Legal Studies. https://doi.org/10.1086/468042

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Contains information from the Semantic Scholar Academic Graph Datasets, made available under the ODC Attribution License (ODC-BY 1.0).

Semantic Scholar’s data is described in: Kinney, R., et al. (2023). The Semantic Scholar Open Data Platform. arXiv:2301.10140.