The Democracy Premium in Expressive Law: An Experiment

42 Pages Posted: 14 May 2025

See all articles by Yoan Hermstrüwer

Yoan Hermstrüwer

University of Zurich - Faculty of Law; Max Planck Institute for Research on Collective Goods

Mahdi Khesali

University of Hamburg - Institute of Law and Economics; Max Planck Institute for Research on Collective Goods

Date Written: May 14, 2025

Abstract

Why do people obey the law when it is not formally enforced? In this study, we explore the expressive power of democracy as a behavioral channel of compliance with the law. Using a modified version of the stealing game, we examine the effect of two distinct democratic interventions on stealing under normative ambiguity: a voting procedure in which the outcome is revealed, and a voting procedure in which the outcome of the vote remains unknown. We find that revealing the outcome of a vote significantly reduces stealing relative to a baseline treatment without a vote and the treatment in which the outcome of the vote remains unknown. We also observe suggestive evidence that participants who support the social norm proscribing theft are more likely to steal nonetheless when the outcome remains unknown. Our findings have important implications for the design of expressive law and of democratic voting procedures.

JEL Classification: C91, D72, D91, K14, K42

Suggested Citation

Hermstrüwer, Yoan and Khesali, Mahdi, The Democracy Premium in Expressive Law: An Experiment (May 14, 2025). MPI Collective Goods Discussion Paper, No. 2025/6, Available at SSRN: https://ssrn.com/abstract=5253870 or http://dx.doi.org/10.2139/ssrn.5253870

Yoan Hermstrüwer (Contact Author)

University of Zurich - Faculty of Law ( email )

Rämistrasse 71
Zürich, CH-8006
Switzerland

Max Planck Institute for Research on Collective Goods ( email )

Kurt-Schumacher-Str. 10
D-53113 Bonn, 53113
Germany

Mahdi Khesali

University of Hamburg - Institute of Law and Economics ( email )

Johnsallee 35
Hamburg, 20148
Germany

Max Planck Institute for Research on Collective Goods ( email )

Kurt-Schumacher-Str. 10
D-53113 Bonn, 53113
Germany

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
31
Abstract Views
109
PlumX Metrics