scholarly journals Use of Social Norms in the Production of Legal Norms : A Genealogical and Critical Approach to Nudges

2018 ◽  
Vol 59 (1) ◽  
pp. 117-142
Author(s):  
Anne Brunon-Ernst
Keyword(s):  
Social Norms ◽  
Social Norm ◽  
Legal Norm ◽  
Critical Approach ◽  
Legal Norms ◽  
Legal Context ◽  
The Social ◽  
Definition Of ◽  
The Uk ◽  
Key Terms

The text looks into the conditions justifying the use of a social norm as the basis for establishing a legally binding rule. It starts with the definition of some key-terms (nudges, behavioural insights, social norms) before describing initiatives led by the UK Nudge Unit and other behaviourally-informed policies, such as default options, used in a legal context. This helps to highlight the type of problems related to the incorporation of social norms in legal norms, especially the importance of deviance to the social norm. Jeremy Bentham’s and Michel Foucault’s writings can be used to solve the problems raised. A framework can be devised to explain when a social norm can legitimately be incorporated in a legal norm. Indeed, beyond statistical evidence which identifies recurring patterns of behaviour, only a meta-norm can justify the choice of a legal norm. It is the efficacy of the norm which appears as a legitimising factor as it allows the promotion either of the productive forces in society (according to Foucault) or of utilitarian principles (according to Bentham). However, it seems that this meta-norm can be legitimately imposed only if it emanates from a strict deliberative discipline and is publicised. The article thus concludes that deliberation and publicity are the two means allowing to check that the legal norm complies with the meta-norm, thus legitimising the use of a social norm as a legally binding rule.

Can Humanism be the Social Norm?

2020 ◽  
Author(s):  
Sharon D. Welch
Keyword(s):  
Social Norms ◽  
Social Norm ◽  
Human Cognition ◽  
Human Reasoning ◽  
Individual Freedom ◽  
Social Divisions ◽  
The Social

Assaults on truth and divisions about the nature of wise governance are not momentary political challenges, unique to particular moments in history. Rather, they demonstrate fundamental weaknesses in human reasoning and core dangers in ways of construing both individual freedom and cohesive communities. It will remain an ongoing challenge to learn to deal rationally with what is an intrinsic irrationality in human cognition and with what is an intrinsic tendency toward domination and violence in human collectivities. In times of intense social divisions, it is vital to consider the ways in which humanism might function as the social norm by, paradoxically, functioning in a way different from other social norms. Humanism is not the declaration that a certain set of values or norms are universally valid. At its best and most creative, humanism is not limited to a particular set of norms, but is, rather, the commitment to a certain process in which norms are continuously created, critically evaluated, implemented, sustained or revised. Humanism is a process of connection, perception, implementation, and critique, and it applies this process as much to itself as to other traditions.

scholarly journals CLASSIFICATION OF CRIME OBJECTS IN THE CONCEPTUAL POSITIONS OF THE THEORY OF STATE AND LAW

2019 ◽  
pp. 22-25
Author(s):  
O. H. Panchenko
Keyword(s):  
Social Relations ◽  
Direct Object ◽  
Legal Norm ◽  
Legal Norms ◽  
The Social ◽  
Specific Object ◽  
Categorical Classification ◽  
General Object ◽  
Single Set

The article examines the specifics of the philosophical and legal classification of crime in the conceptual positions of the theory of state and law. The categorical classification of the objects of the crime system as structured vertically and structured horizontally, which allowed distribution of crimes directly, kind, generic, general, was analyzed. It is shown that the general object of the crime is traditionally in the conceptual positions of the theory of state and law called the whole set of social relations, which are protected by criminal law. The generic object of the crime is a certain circle of homogeneous economic, social, political content of social relations, which, for some reason, should be protected by a single set of legal norms. It is made general that the specific object of a crime is a set of social relations within the generic object, which reflect the same interest of the participants in such relations or express though the nonidentical, but closely interrelated interests. The direct object of the crime is those specifically social relations, set by the legislator under the protection of a certain legal norm. It is shown that structured horizontal objects of crime are distributed directly to the main and directly additional. It is traced that under the direct object of the crime is understood those social relations, the violation of which is the social content of the crime and for the protection of which there is a legal norm, which implies responsibility for the commission of the crime. Under the direct additional object of the crime are those social relations, the encroachment on which does not constitute the content of the crime, but the commission of such a crime is always caused damage. It is concluded that the study of the concept of crime within the conceptual concepts of the theory of state and law is justified by the subject of its study. The fundamental questions in this context arose the problem of what exactly is the legal facts, which, depending on the result, can be classified categorically into legal, lawful, and law-stopping. It is proved that the most important is the distribution of legal facts by their individual connection with the participants in the legal relationship. Thus, according to the categorical regularity of concepts of the theory of state and law, wrongful actions are divided, first, into offenses, that is, crimes and misdemeanors; and secondly, on objectively unlawful acts.

Slavery, Redemption, and Manumission as Structural Metaphors in Augustine’s Theology

2021 ◽  
Vol 40 (2) ◽  
pp. 195-220
Author(s):  
Joshua Benjamins
Keyword(s):  
Roman Empire ◽  
Human Beings ◽  
Legal Norms ◽  
The Social ◽  
Christian Service ◽  
Contemporary Reality ◽  
A Chain ◽  
Relationship Of ◽  
Key Terms ◽  
The Devil

Across his corpus, Augustine strikingly and recurrently deploys the three cognate metaphors of slavery to sin, redemption from sin, and slavery to God. I argue that Augustine’s use of these theological metaphors is thoroughly contoured by the legal and social strictures governing slavery and freedom in the later Roman empire. To develop this argument, I pay close attention to the economic and legal connotations of some key terms in Augustine’s lexicon of salvation—like manumissio, redemptio, and libertas—and seek to tease out the social, legal, and economic logic they encapsulate. As I show, the concept of dominium underwrites Augustine’s description of the prelapsarian ordo naturalis as a chain of hierarchical relationships: between God and man, soul and body, male and female. The notion that human beings are enslaved to sin, subject to the condicio servitutis from birth, evokes the situation of laboring tenants (coloni) bound to the land through their origo. Moreover, the bishop of Hippo’s descriptions of captivity to the devil and liberation through the interpellation (interpellatio) of God the Redeemer are informed by the contemporary reality of barbarian captivity and liberales causae, so richly described in Augustine’s Letter 10*. Finally, Augustine’s characterization of Christian service in terms of a state of simultaneous freedom and servitude implicitly draws upon the legal norms governing the relationship of freed captives to their redeemers, as well as the obligations of obsequium and gratia which freedmen owed to their former masters.

scholarly journals IV—Philosophical Foundations of Anti-Casteism

2020 ◽  
Vol 120 (1) ◽  
pp. 71-96 ◽  
Author(s):  
Meena Dhanda
Keyword(s):  
Social Solidarity ◽  
Nationalist Discourse ◽  
Philosophical Foundations ◽  
Working Definition ◽  
Legal Context ◽  
Caste Discrimination ◽  
Caste Status ◽  
Critical Scrutiny ◽  
Definition Of ◽  
The Uk

Abstract The paper begins from a working definition of caste as a contentious form of social belonging and a consideration of casteism as a form of inferiorization. It takes anti-casteism as an ideological critique aimed at unmasking the unethical operations of caste, drawing upon B. R. Ambedkar’s notion of caste as ‘graded inequality’. The politico-legal context of the unfinished trajectory of instituting protection against caste discrimination in Britain provides the backdrop for thinking through the philosophical foundations of anti-casteism. The peculiar religio-discursive aspect of ‘emergent vulnerability’ is noted, which explains the recent introduction of the trope of ‘institutional casteism’ used as a shield by deniers of caste against accusations of casteism. The language of protest historically introduced by anti-racists is thus usurped and inverted in a simulated language of anti-colonialism. It is suggested that the stymieing of the UK legislation on caste is an effect of collective hypocrisies, the refusal to acknowledge caste privilege, and the continuity of an agonistic intellectual inheritance, exemplified in the deep differences between Ambedkar and Gandhi in the Indian nationalist discourse on caste. The paper argues that for a modern anti-casteism to develop, at stake is the possibility of an ethical social solidarity. Following Ambedkar, this expansive solidarity can only be found through our willingness to subject received opinions and traditions to critical scrutiny. Since opposed groups ‘make sense’ of their worlds in ways that might generate collective hypocrisies of denial of caste effects, anti-casteism must be geared to expose the lie that caste as the system of graded inequality is benign and seamlessly self-perpetuating, when it is everywhere enforced through penalties for transgression of local caste norms with the complicity of the privileged castes. The ideal for modern anti-casteism is Maitri (friendship) formed through praxis, eschewing birth-ascribed caste status and loyalties.

Is Gender-Based Violence a Social Norm? Rethinking Power in a Popular Development Intervention

2020 ◽  
Vol 126 (1) ◽  
pp. 89-105
Author(s):  
Amy Piedalue ◽  
Amanda Gilbertson ◽  
Kalissa Alexeyeff ◽  
Elise Klein
Keyword(s):  
Social Norms ◽  
Social Norm ◽  
Social Processes ◽  
Gender Based Violence ◽  
Policy And Practice ◽  
The Social ◽  
Key Factor ◽  
Critical Revision ◽  
Gender Based ◽  
And Control

Changing social norms has become the preferred approach in global efforts to prevent gender-based violence (GBV). In this article, we trace the rise of social norms within GBV-related policy and practice and their transformation from social processes that exist in the world to beliefs that exist in the minds of individuals. The analytic framework that underpins social norms approaches has been subject to ongoing critical revision but continues to have significant issues in its conceptualisation of power and its sidelining of the political economy. These issues are particularly apparent in the use of individualised measures of social norms that cannot demonstrate causation, and conflation of social norms with culture. Recognising that the pressure to measure may be a key factor in reducing the complexity of the social norms approach, we call for the use of mixed methods in documenting the factors and processes that contribute to GBV and the effectiveness of interventions. As social norms approaches are increasingly prioritised over addressing the non-normative contributors to GBV (such as access to and control over productive resources), awareness of the limitations of social norms approaches is vital.

scholarly journals DISCUSSION ON ISSUES OF THE THEORY OF LEGAL INCENTIVES

2018 ◽  
Vol 6 ◽  
pp. 562-567
Author(s):  
Aleksandr Gavritskiy ◽  
Svetlana Miroshnik
Keyword(s):  
Rule Of Law ◽  
Human Factor ◽  
Private Companies ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Social Actions ◽  
Legal Relationship ◽  
The Social ◽  
Theory Of Law ◽  
Definition Of

The purpose of this article is to examine legal incentives as a form of a lawful norm to improve the social actions of individuals. A definition of legal incentive as a variety of legal norms is formulated and the features and principles of an incentivizing legal relationship identified and formulated. The provisions can be viewed as approaches for solving the problems of motivating lawful behavior and for use in analyzing practical problems associated with the theory of law, legal culture, and the rule of law. The concept offered reveals new possibilities for cognition of legal relations that are important for developing the theory of legal norms and the theoretical aspects of the realization of law. The functional approach underlying the research emphasizes the importance of this form of law and promotes the more efficient use of the its potential. The conclusions are relevant for further theoretical studies and the development of a policy by private companies aimed at activating the human factor to increase the productivity of their employees.

scholarly journals LEGAL INFLUENCE IN THE SYSTEM OF SOCIAL INFLUENCE

2021 ◽  
Vol 12 (2) ◽  
pp. 12-18
Author(s):  
Viktoriia Bondarenko ◽  
◽  
Nataliia Pustova ◽  
Keyword(s):  
Social Norms ◽  
Social Influence ◽  
Social Relations ◽  
Social Life ◽  
Human Life ◽  
Modern Theory ◽  
Legal Norms ◽  
Cultural Life ◽  
The Social ◽  
Theory Of Law

The article deals with the views of scholars on legal influence in the system of social influence. Using a systematic methodology for the study of legal phenomena, the social system is revealed in its relationship with law and legal influence from the standpoint of modern theory of law. Social norms in the system of social influence are characterized. It is noted that the main purpose of social norms is to ensure the system nature of social relations, orderliness, organization, and focus on socially useful results. In the context of the modern understanding of these legal institutions, such types of regulators of social relations as custom, tradition, moral, religious, political, corporate and legal norms are distinguished. A feature of legal influence is a specific toolkit, which consists in a unique set of legal means, methods and techniques of influence, through which law affects people and society. Psychological, economic, organizational and managerial, political, cultural and religious direction of influence cannot be effective without the influence of the legal, because law regulates in detail the important aspects of public life and consolidates the interests of society. Issues of economic organization, the functioning of the political system, and some issues of organization of cultural life of society are reflected in law. Other areas affect certain aspects of human life. These areas actively interact, having a comprehensive impact on society. Each type of social norms has shortcomings, but, acting in the system, they affect various aspects of the human psyche, ensuring the fullness of social influence, contributing to the common goal – the desired state of social life. Legal influence has a special place in the system of social influence.

Norms

2011 ◽  
Author(s):  
Jon Elster
Keyword(s):  
Social Norms ◽  
Social Norm ◽  
Moral Norms ◽  
Legal Norms ◽  
Fairness Norms ◽  
The Impact ◽  
Political Norms ◽  
The Relationship

This article explores the relationship between norms and action, making a distinction between social and moral norms, quasi-moral norms, legal norms, and conventions. It defines ‘social norm’ as a non-outcome-oriented injunction to act or to abstain from acting, sustained by the sanctions that others apply to norm violators. After explaining how social norms operate, the article considers some important or representative social norms, including work norms, tipping norms, queueing norms, fairness norms and political norms. It also compares social norms with other motivations to act and argues that social norms are ultimately sustained by the emotions of contempt (or indignation) and shame. Yet the influence of emotion on behavior is much larger than the impact mediated by social norms.

scholarly journals How to Solve the Social Norm Conflict Dilemma of Green Consumption: The Moderating Effect of Self-Affirmation

2020 ◽  
Vol 11 ◽  
Author(s):  
Wanda Ge ◽  
Guanghua Sheng ◽  
Hongli Zhang
Keyword(s):  
Social Norms ◽  
Social Norm ◽  
Injunctive Norms ◽  
Descriptive Norms ◽  
Green Consumption ◽  
Mediating Role ◽  
Conflict Situations ◽  
Maximum Utility ◽  
The Social

Social norms are important social factors that affect individual behavioral change. Using social norms to promote green consumption is receiving increasing attention. However, due to the different formation processes and mechanisms of the behavioral influence of the different types of social norms, using social norms to promote green consumption often has social norm conflict situations (injunctive norms + negative descriptive norms). Thus, it is difficult to attain the maximum utility of social norms. The present research found that social norm conflict weakens the role of injunctive norms in promoting green consumption. Specifically, negative descriptive norms weaken the role of injunctive norms in promoting green consumption. Alienation, which manifests through powerlessness and meaninglessness, plays a mediating role in the relationship between social norm conflict and green consumption. Self-affirmation moderates the mediating role of alienation between social norm conflicts and green consumption. Self-affirmation reduces the alienation caused by social norm conflict, thereby alleviating the weakening effect of social norm conflict on green consumption.

Sign in / Sign up

Export Citation Format

Share Document