The End of the Affair? Anti-Dueling Laws and Social Norms in Antebellum America
Temple University - James E. Beasley School of Law
Vand. L. Rev., Vol. 54, pp. 1805-1847, 2001
The story of anti-dueling laws has become a favorite tale for many social norms theorists. In their tellings, the spread of anti-dueling laws in the antebellum South and the subsequent end of dueling illustrates how properly drafted laws can change social norms and thus alter behavior. The actual history of these laws, however, teaches a different lesson. While the laws were carefully crafted to undermine the social norms promoting dueling, they failed. The very social norms that encouraged dueling prevented effective enforcement of laws passed to end the practice, and the affair of honor in the South was ended not by well-intentioned laws but by the social catastrophe of the Civil War. This account in turn suggests that there will be limits on modern-day attempts to alter social norms through legal sanctions.
Number of Pages in PDF File: 43
Keywords: dueling, social norms, history, shaming
JEL Classification: K10, K42Accepted Paper Series
Date posted: April 18, 2008
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