Motivation

I think most of the questions I had about this week’s excerpt is where culture fits into a revision of the legal system that emphasizes cooperation. There are legal concepts that are culturally-based and unrelated to the selfish/cooperative actor debate that are likely to limit a cooperative approach to shaping legal systems. For example, when I read about the transparency/reputation leverage, I wondered how such an approach would fit in with a desire to maintain privacy.

I also think that the emphasis on individualism has roots that are deeper than the economic and scientific models that have given rise to the idea of selfishness. For example, the idea of rugged American individualism probably stems from other factors than Social Darwinism. While you can contradict scientific models with science, I do not think that sociological or anthropological studies can really alter our conceptions of who we are. 

I also wonder whether suggesting that certain actions/processes are undertaken to advance cooperation frames them in a more positive light than they deserve. Reading about the “new psychological contract” and “affective commitment” (concepts which reminded me of the Weber reading from last week) I couldn’t help that think that characterizing the move from life-long employment to employability as a move from competing to cooperating suggests that the later model is better or more progressive when there are costs and benefits to both employment models.

I’m sure that many of these issues will be addressed in the full version of Professor Benkler’s book.