The Reality of Norms

2020 ◽  
pp. 167-248
Author(s):  
Christoph Möllers

This chapter considers three areas in laying the foundations for normativity: formalization, authorization, and written fixation. Formalization here is defined as the techniques by which a normative order defines its own elements and thereby makes them distinguishable from each other, and from elements of other orders. The chapter then takes a look at how the practice of the normative often relies on the metaphor of the source. From there, the chapter looks into the relationship between informality and formality of norm authorization. Finally, the chapter describes how the written word is one of the important techniques through which norms are portrayed and formalized.

2006 ◽  
Vol 55 (4) ◽  
pp. 929-944 ◽  
Author(s):  
Sylvie Langlaude

With its judgment inLeyla Şahin v Turkey,1the Grand Chamber of the European Court of Human Rights has once again addressed the place of religion within the European Convention system. The Court considers two types of cases. The first focuses on individuals but has repercussions on the relationship between State and religious communities. The Court is much more individualistic in these cases, in that it focuses more on the individual and the protection of the rights and freedoms of others. The Court emphasizes values such as the prevention of indoctrination, neutrality, secularism and laïcité, especially in relation to Islam. The Court tries to promote and enforce a normative order of secularism but this has unfortunate consequences for religious freedom. The second deals with the compatibility of entire domestic regimes regulating religious affairs with the Convention, including questions of legal personality and registration, leadership and property ownership, positive obligations of the State towards the protection of religious communities against third parties, and freedom of religious choice. The aim is to promote tolerance, religious diversity, pluralism and a market place within religious beliefs. It will be shown that these two strands in the caselaw do not always sit happily together.


Author(s):  
Nina Wilén

In contrast to the other chapters in Part V, Nina Wilén’s focus is on multilateral military interventions at the regional level: She explores the relationship between sovereignty, intervention, and the international normative order, by examining how ECOWAS, an African regional organization, justified its intervention in Liberia’s civil war referring to international norms. Based on a critical discursive analysis of the speeches related to ECOWAS’ decision to intervene in Liberia in 1990, as well as the responses the justifications provoked from the UN and the United States, it is argued that ECOWAS’ intervention and the justifications which accompanied it were clearly influenced by an international normative order where sovereignty is the key constitutive norm and non-intervention the main regulative norm. Yet the fact that ECOWAS also violated the very same norms through its intervention, created a precedent for future regional interventions and implied long-term consequences for the international normative system.


2015 ◽  
Vol 30 (1) ◽  
pp. 3-35
Author(s):  
David C. Flatto

AbstractMany legal systems have foundational stories about their provenance, serving to heighten the stature and authority of the normative order. Yet, these primary myths are often complicated by secondary ones that describe later climactic moments. A prevalent plot of this latter kind involves a defiant political actor who contests the jurisdiction of the courts and relates the legal order's response to this daunting challenge. The crucible of struggle forges a formidable legal institution that can withstand assault or a weaker one that limply survives.Such stories captivate the collective legal imagination of a paideic community, a process first analyzed by the late Robert Cover. Hence they are preserved, told, and retold. However, the morals of secondary stories are more variable. Precisely because they examine moments of disturbance and conflict their implications are frequently in dispute. Thus, the very act of narration aims to amplify core truths implicit in these tales and announce their essential lessons.The narrative history of the epic “trial of the Judean king” among Jews in antiquity and late antiquity affords a striking instance of this phenomenon. Making a lasting impression on the Jewish legal imagination of this period, the trial's impact and perpetual legacy are nevertheless highly contested. While the enduring lesson of the trial revolves around the relationship between law and power, what that legacy is depends entirely on the way the tale of the trial is told and, perhaps more importantly, retold.


2005 ◽  
Vol 66 (2) ◽  
pp. 98-114
Author(s):  
William W. Armstrong

Writing has long been the primary means of communicating in the sciences, yet the nature of the written word is rapidly changing as we enter a new era of electronic communications and virtual realities. This article examines some of these changes, particularly as they pertain to the disciplines of chemistry and physics and, most important, within the scope of the complex relationship between authors, publishers, and distributors (distributors in this case being academic libraries). This examination involves looking at changes within this triumvirate, the relationship each of the three has with the other, and ramifications of the changes as we peer into the near future. The three members of the triumvirate are intricately and inextricably bound together, and problems that occur within any one component will inevitably affect the others, imperiling the relationship between writer and reader. Such potential problems are brought to light in this article.


Eutomia ◽  
2018 ◽  
Vol 1 (20) ◽  
pp. 30
Author(s):  
Dirce Waltrick Do Amarante

Este ensaio focaliza as relações entre a palavra escrita e o palco. Dentre os aspectos estudados, destacamos No’s Knife, uma seleção de Texts for Nothing (tradução de Textes pour rien), de Samuel Beckett, concebida e encenada pela renomada atriz irlandesa Lisa Dwan.Palavras-chave: Samuel Beckett; Lisa Dwan; palavra; palco; performance. Abstract: This paper discusses the relationship between written words and the stage. Amongst the aspects presented in the text, the most relevant one is the proccess of making  No’s Knife (a selection of Samuel Beckett’s Texts for Nothing), conceived and performed by the renowed Beckett interpreter Lisa Dwan.Keywords: Samuel Beckett; Lisa Dwan; written word; stage; performance.


Author(s):  
Rebecca Krug

This introductory chapter details the background and context of Margery Kempe's spirituality and examines the extraordinary nature of Kempe's engagement with the written word. It emphasizes the uniqueness of Kempe's position given that, unlike many other late medieval women, she had gone out of her way to put her visions, feelings, and devotional experiences into writing. From here, the chapter begins formulating a new approach to Kempe's work as her own book of consolation by focusing on three issues which have occupied many of the Book's critics: the concept of revision, the nature of collaboration, and the relationship between writer and readers.


2005 ◽  
Vol 18 (3) ◽  
pp. 345-387 ◽  
Author(s):  
BALAKRISHNAN RAJAGOPAL

The multiplication of legal orders is characteristic of what one could call an age of globalization and counter-hegemonic globalization. In this age, the relationship between international law and other normative orders is increasingly important. The dominant disciplinary frameworks that provide explanations of such a relationship are focused on compliance with and/or the effectiveness of international norms in domestic legal orders and are derived from international relations. In this article, I examine the limits and possibilities of such approaches through a case study of the use of law (at multiple levels) by one of India's most prominent social movements, the Narmada Bachao Andolan (Save the Narmada). The article argues that the use of law by a social movement is a concrete instance of counter-hegemonic globalization in which international law is one of many different legal orders, a situation of global legal pluralism, in which it is impossible to tell in advance which normative order will best advance cosmopolitan goals such as human rights.


2004 ◽  
Vol 7 (1) ◽  
pp. 101-118 ◽  
Author(s):  
Sofía A. Vernon Carter ◽  
Gabriela Calderón ◽  
Luis Castro

The main objective in this study was to explore the relationship between phonological awareness and writing development in monolingual Spanish speaking children. The main hypothesis were 1) Phonological awareness development is closely related to children’s writing development and 2) the introduction of writing stimuli in phonological awareness tasks enhances the production of more analytical responses, even in pre-literate children. Subjects were 100 Mexican kindergartners. They were given a writing task and two different deletion tasks. In both, children had to delete the first phoneme of words. In one of the tasks children were given oral stimuli, whereas in the other children were given an oral stimuli together with the corresponding written word. The first letter was then covered. Results show that writing levels and phonological awareness correlate significantly. Also, the presence of writing significantly increases the number of correct responses.


2021 ◽  
pp. 127-141
Author(s):  
Karoline Gritzner

This essay explores the significance of movement and alterity in Hélène Cixous’s practice of writing, which she defines as an »exposure« to the other and as a sensitization to the present moment. The focus is on Cixous’s presentation of different modalities of being that are indissociable from the materiality of ‚écriture féminine‘. These range from the necessity for blindness in the act of writing and the discovery of imaginary worlds, to experiences of flight, sexual difference and modes of »de-selfing« in the process of writing. The transformative event-character of Cixous’s writing is foregrounded in her short story ‚Savoir‘, where the relationship between seeing and not-seeing, presence and absence, knowledge and desire is captured in the fleeting traces of the written word.


2017 ◽  
Vol 12 (2) ◽  
pp. 415
Author(s):  
Bojan Žikić

The cultural communication attempted by this film in the context of science fiction as part of popular culture is analyzed. The message of the film pertains to the inexistence of a solution to the instability of the relationship between the normative order and human behaviour - which is the description of human social existence in the film, and is interpreted as a pessimist view of this existence. The message is arrived at through a string of binary oppositions.


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