文章基本信息

标题：Motivations for Obeying and Breaking the Law: A Preliminary Study Focused on Labor Law and the Role of Non-Instrumental Motivations
本地全文：下载
作者：Takashi Iida
期刊名称：Japan Labor Review
印刷版ISSN：1348-9364
出版年度：2016
卷号：13
期号：4
页码：28
出版社：Japan Institute for Labour Policy and Training
摘要：The purpose of this paper is to provide for a systematic analysis of illegal behaviorin the area of labor and employment law, by drawing on insights fromother fields of social science. This paper begins by setting out the various notionsof our motivations for obeying the law, and classifies these motivationsinto two categories: instrumental motivations and non-instrumental motivations.It also establishes that although there is a tendency to pay too much attentionto instrumental motivations when discussing desirable legal systemsand policies, non-instrumental motivations actually play significant roles inour decision-making and behavior. We then examine conditions under whichpeople tend to engage in illegal behavior, taking into consideration the characteristicsof the situations that labor and employment law covers. “Altruistic illegalbehavior” is particularly common in the workplace, and it is important toaddress how to deter or control such behavior. This paper concludes by suggestingthat in order to prevent the vicious circle of violations and clampdowns,it is necessary to adopt legal systems and policies that appropriatelyharness our non-instrumental motivations, rather than attempting to rely ondirect sanctions alone.