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Author : Bernard Elevitch
Publisher :
ISBN 13 :
Total Pages : 240 pages
Book Rating : 4.:/5 (319 download)
Download or read book Lalande's Theory of Norms written by Bernard Elevitch and published by . This book was released on 1952 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Friedrich Ludwig Bauer (Mathématicien)
Publisher :
ISBN 13 :
Total Pages : 136 pages
Book Rating : 4.:/5 (636 download)
Download or read book Theory of Norms written by Friedrich Ludwig Bauer (Mathématicien) and published by . This book was released on 1967 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Eric Posner
Publisher : Harvard University Press
ISBN 13 : 9780674042308
Total Pages : 276 pages
Book Rating : 4.0/5 (423 download)
Download or read book Law and Social Norms written by Eric Posner and published by Harvard University Press. This book was released on 2009-07-01 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the role of law in a society in which order is maintained mostly through social norms, trust, and nonlegal sanctions? Eric Posner argues that social norms are sometimes desirable yet sometimes odious, and that the law is critical to enhancing good social norms and undermining bad ones. But he also argues that the proper regulation of social norms is a delicate and complex task, and that current understanding of social norms is inadequate for guiding judges and lawmakers. What is needed, and what this book offers, is a model of the relationship between law and social norms. The model shows that people's concern with establishing cooperative relationships leads them to engage in certain kinds of imitative behavior. The resulting behavioral patterns are called social norms. Posner applies the model to several areas of law that involve the regulation of social norms, including laws governing gift-giving and nonprofit organizations; family law; criminal law; laws governing speech, voting, and discrimination; and contract law. Among the engaging questions posed are: Would the legalization of gay marriage harm traditional married couples? Is it beneficial to shame criminals? Why should the law reward those who make charitable contributions? Would people vote more if non-voters were penalized? The author approaches these questions using the tools of game theory, but his arguments are simply stated and make no technical demands on the reader.
Author : Steven A. Hetcher
Publisher : Cambridge University Press
ISBN 13 : 9781139451147
Total Pages : 420 pages
Book Rating : 4.4/5 (511 download)
Download or read book Norms in a Wired World written by Steven A. Hetcher and published by Cambridge University Press. This book was released on 2004-03-22 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social order is regulated from above by the law but its foundation is built on norms and customs, informal social practices that enable people to make meaningful and productive uses of their time and resources. Despite the importance of these practices in keeping the social fabric together, very little of the jurisprudential literature has focused on a discussion of these norms and customs. In Social Norms in a Wired World Steven Hetcher argues that the traditional conception of norms as rule-like linguistic entities is erroneous. Instead, norms must be understood as patterns of rationally governed behaviour maintained in groups by acts of conformity. Using informal game theory in the analysis of norms and customs, Hetcher applies his theory of norms to tort law and Internet privacy laws. This book will appeal to students and professionals in law, philosophy, and political and social theory.
Author : Nicoletta Bersier Ladavac
Publisher : Springer
ISBN 13 : 3030189295
Total Pages : 183 pages
Book Rating : 4.0/5 (31 download)
Download or read book The Normative Force of the Factual written by Nicoletta Bersier Ladavac and published by Springer. This book was released on 2019-06-26 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the interrelation of facts and norms. How does law originate in the first place? What lies at the roots of this phenomenon? How is it preserved? And how does it come to an end? Questions like these led Georg Jellinek to speak of the “normative force of the factual” in the early 20th century, emphasizing the human tendency to infer rules from recurring events, and to perceive a certain practice not only as a fact but as a norm; a norm which not only allows us to distinguish regularity from irregularity, but at the same time, to treat deviances as transgressions. Today, Jellinek’s concept still provides astonishing insights on the dichotomy of “is” and “ought to be”, the emergence of the normative, the efficacy and the defeasibility of (legal) norms, and the distinct character of what legal theorists refer to as “normativity”. It leads us back to early legal history, it connects anthropology and legal theory, and it demonstrates the interdependence of law and the social sciences. In short: it invites us to fundamentally reassess the interrelation of facts and norms from various perspectives. The contributing authors to this volume have accepted that invitation.
Author : Hans Kelsen
Publisher : Oxford [England] : Clarendon Press
ISBN 13 :
Total Pages : 536 pages
Book Rating : 4.4/5 (91 download)
Download or read book General Theory of Norms written by Hans Kelsen and published by Oxford [England] : Clarendon Press. This book was released on 1991 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hans Kelsen is considered by many to be the foremost legal thinker of the twentieth century. During the last decade of his life he was working on what he called a general theory of norms. Published posthumously in 1979 as Allgemeine Theorie der Normen, the book is here translated for the first time into English. Kelsen develops his "pure theory of law" into a "general theory of norms", and analyzes the applicability of logic to norms to offer an original and extreme position which some have called "normative irrationalism". Examining the views of over 200 philosophers and legal theorists on law, morality, and logic, and revising several of his own earlier positions, Kelsen's final work is a mandatory resource for legal and moral philosophers.
Author : Dr Matthias Baier
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1472400585
Total Pages : 593 pages
Book Rating : 4.4/5 (724 download)
Download or read book Social and Legal Norms written by Dr Matthias Baier and published by Ashgate Publishing, Ltd.. This book was released on 2013-12-28 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an era where new areas of life and new problems call for normative solutions while the plurality of values in society challenge the very basis for normative solutions, this book looks at a growing field of research on the relations between social and legal norms. New technologies and social media offer new ways to communicate about normative issues and the centrality of formal law and how normativity comes about is a question for debate. This book offers empirical and theoretical research in the field of social and legal norms and will inspire future debate and research in terms of internationalization and cross-national comparative studies. It presents a consistent picture of empirical research in different social and organizational areas and will deepen the theoretical understanding regarding the interplay between social and legal norms. Including chapters written from four different aspects of normativity, the contributors argue that normativity is a result of combinations between law in books, law in action, social norms and social practice. The book uses a variety of different international examples, ranging from Sweden, Uzbekistan, Colombia and Mexico. Primarily aimed at scholars in sociology of law, socio-legal studies, law and legal theory, the book will also interest those in sociology, political science and psychology.
Author : Edna Ullmann-Margalit
Publisher :
ISBN 13 : 0198729383
Total Pages : 221 pages
Book Rating : 4.1/5 (987 download)
Download or read book The Emergence of Norms written by Edna Ullmann-Margalit and published by . This book was released on 2015 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: Edna Ullmann-Margalit provides an original account of the emergence of norms. Her main thesis is that certain types of norms are possible solutions to problems posed by certain types of social interaction situations. The problems are such that they inhere in the structure (in the game-theoretical sense of structure) of the situations concerned. Three types of paradigmatic situations are dealt with. They are referred to as Prisoners' Dilemma-type situations; co-ordination situations; and inequality (or partiality) situations. Each of them, it is claimed, poses a basic difficulty, to some or all of the individuals involved in them. Three types of norms, respectively, are offered as solutions to these situational problems. It is shown how, and in what sense, the adoption of these norms of social behaviour can indeed resolve the specified problems.
Author : Cristina Bicchieri
Publisher : Cambridge University Press
ISBN 13 : 9780521560627
Total Pages : 242 pages
Book Rating : 4.5/5 (66 download)
Download or read book The Dynamics of Norms written by Cristina Bicchieri and published by Cambridge University Press. This book was released on 1997 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 'state-of-the-art' collection of essays presents some of the best contemporary research into the dynamical processes underlying the formation, maintenance, metamorphosis and dissolution of norms. The volume combines formal modelling with more traditional analysis.
Author : Rolf E. Sartorius
Publisher :
ISBN 13 :
Total Pages : 246 pages
Book Rating : 4.3/5 (91 download)
Download or read book Individual Conduct and Social Norms written by Rolf E. Sartorius and published by . This book was released on 1975 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Kazimierz Opałek
Publisher :
ISBN 13 :
Total Pages : 25 pages
Book Rating : 4.:/5 (871 download)
Download or read book Some Problems of the Theory of Norms written by Kazimierz Opałek and published by . This book was released on 1969 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Pierre-André Taguieff
Publisher : U of Minnesota Press
ISBN 13 : 9780816623723
Total Pages : 430 pages
Book Rating : 4.6/5 (237 download)
Download or read book The Force of Prejudice written by Pierre-André Taguieff and published by U of Minnesota Press. This book was released on 2001 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pierre-Andr Taguieff puts forward a powerful thesis: that racism has evolved from an argument about races, naturalizing inequality between "biologically" defined groups on the basis of fear of the other, to an argument about cultures, naturalizing historical differences and justifying exclusion. Correspondingly, Taguieff shows how antiracism must adopt the strategy that fits the variety of racism it opposes. Already viewed as an essential work of reference in France, The Force of Prejudice is an invaluable tool for identifying and understanding both racism and its antidote in our day
Author : Joseph Raz
Publisher : Hutchinson Radius
ISBN 13 :
Total Pages : 204 pages
Book Rating : 4.:/5 (43 download)
Download or read book Practical Reason and Norms written by Joseph Raz and published by Hutchinson Radius. This book was released on 1975 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: In what way are rules normative, and how do they differ from ordinary reasons? What makes normative systems systematic? What distinguishes legal systems, and in what consists their normativity? Joseph Raz answers these three questions by taking reasons as the basic normative concept, andshowing the distinctive role reasons have in every case, thus paving the way to a unified account of normativity.
Author : Sylvie Delacroix
Publisher : Bloomsbury Publishing
ISBN 13 : 1847312829
Total Pages : 242 pages
Book Rating : 4.8/5 (473 download)
Download or read book Legal Norms and Normativity written by Sylvie Delacroix and published by Bloomsbury Publishing. This book was released on 2006-10-05 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a 'genealogical' explanation of law's normativity. The term 'genealogical' conveys a commitment to a non-metaphysical type of enquiry. While it explains how law, as a normative phenomenon, comes about, it does not seek to ground law's normativity in anything but the context of social interaction giving rise to it. Legal normativity is brought about on a daily basis. Whether in revolutionary circumstances or in the quotidian need for judges, lawmakers or citizens to balance law's demands with those of morality or prudence, our ability to bind ourselves through law ultimately depends on our capacity to articulate a better way of living together, and to commit ourselves to it. These efforts of assessment and articulation depend, in turn, on our conception of normative agency. Assert the need to trace the truth of ethical judgments to some independent moral 'facts' conditioning their objectivity, and you will get a different understanding of what it is we are doing when we dispute law's authority in the name of moral values. Tracing the truth of moral judgements back to our own social practices not only affects the nature of disagreement; it also dramatically increases our responsibility when, as lawmakers, judges, or citizens we 'take the law into our own hands' and confront it with our moral expectations.
Author : Jovan Brkić
Publisher : New York : Humanities Press
ISBN 13 :
Total Pages : 188 pages
Book Rating : 4.:/5 (43 download)
Download or read book Norm and Order written by Jovan Brkić and published by New York : Humanities Press. This book was released on 1970 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Carlos E. Alchourron
Publisher : Springer
ISBN 13 :
Total Pages : 234 pages
Book Rating : 4.:/5 (41 download)
Download or read book Normative Systems written by Carlos E. Alchourron and published by Springer. This book was released on 1971-11-30 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: In consequence of an increased interest in problems relating to human action, normative concepts have been much discussed by philosophers and logicians in the past twenty years. Deontic logic, which deals with the normative use of language and such normative concepts as obligation, prohibition and permission, has become one of the most intensively cultivated areas of formal logic. Important investigations have been carried out which have shed considerable light on various aspects of the normative phenomenon and a great number of different systems of deontic logic have been developed. This progressive proliferation of deontic logics not only shows the great interest of logicians in normative discourse, but also reflects a basic perplexity: the lack of suitable criteria of adequacy for the interpretation of deontic calculi and hence difficulty in decid ing which of the systems provides the best reconstruction of the underlying normative concepts and can therefore be applied with the most fruitful results. This difficulty is so great that some authors have even expressed doubts about the practical usefulness of deontic logic. One of the sources of this perplexity lies in the absence of a well established pre-analytical basis for formal studies. It is sometimes even uncertain what the intuitive notions are that deontic logicians intend to reconstruct. In talking about obligations, prohibitions and permissions, they usually have in mind moral norms. But the choice of moral norm as an explicandum for the construction of a logic of norms has several disadvantages.
Author : Luc J. Wintgens
Publisher : Routledge
ISBN 13 : 1317105915
Total Pages : 350 pages
Book Rating : 4.3/5 (171 download)
Download or read book Legisprudence written by Luc J. Wintgens and published by Routledge. This book was released on 2016-04-22 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book establishes legisprudence, in contrast to jurisprudence, as a legal theory of rational law-making. It suggests that by rejecting the common wisdom about the nature of political law-making, legislation could be improved and streamlined. Using the methods, theoretical insights and tools of current legal theory and philosophy of law in a new way, the book suggests the creation of law by legislators rather than government. Raising new questions and problems of the validity of norms, the book opens a new perspective on legitimacy of norms, their meaning and the structure of the legal system. In distinguishing legitimacy and legitimation of law, the book ventures into the philosophical roots of legal theory and suggests the articulation of a new conception of sovereignty. In shifting the emphasis to the position of the legislator and legislation, this book opens a number of new insights into the relationship between legislative problems and legal theory. Its main claim is that legislation should be justified by the legislator.
