Download or read book The Emergence of New Types of Norms written by Pauline C. Westerman and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: An important part of the legal theoretical literature deals with the nature of rules, in particular with mandatory rules of the prohibitive type. The exemplar of such rules is the classical `no vehicle in the park' rule, which figures in virtually every serious work on legal interpretation. In this article it is pointed out that next to these classical mandatory rule, new kinds of norms are emerging and are produced in massive quantities by both the European and the national legislators of European countries. These new types of norms haven't been analysed so far but have a quite dramatic effect on both political debate and legal decision-making. There are two types of such new norms: the first of these requires norm-addressees to achieve abstract goals, the second to achieve specific outcomes. Both types of norms no longer seek to prescribe specific actions (as means to a further end) but prescribe the end itself: a certain state of affairs that should be brought about. In legislative circles it is hoped that such rules will help to a) reduce overregulation and b) to do justice to the ability of social groups to devise their own means to the prescribed ends. Hopwever, it is argued that, contrary to these expectations, a. goal-prescribing rules tend to proliferate and to multiply; and that b. the amount of deliberation and debate that is permitted in such a goal-prescribing regime is rather modest.
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.
Download or read book Social Norms written by Michael Hechter and published by Russell Sage Foundation. This book was released on 2001-03-15 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social norms are rules that prescribe what people should and should not do given their social surroundings and circumstances. Norms instruct people to keep their promises, to drive on the right, or to abide by the golden rule. They are useful explanatory tools, employed to analyze phenomena as grand as international diplomacy and as mundane as the rules of the road. But our knowledge of norms is scattered across disciplines and research traditions, with no clear consensus on how the term should be used. Research on norms has focused on the content and the consequences of norms, without paying enough attention to their causes. Social Norms reaches across the disciplines of sociology, economics, game theory, and legal studies to provide a well-integrated theoretical and empirical account of how norms emerge, change, persist, or die out. Social Norms opens with a critical review of the many outstanding issues in the research on norms: When are norms simply devices to ease cooperation, and when do they carry intrinsic moral weight? Do norms evolve gradually over time or spring up spontaneously as circumstances change? The volume then turns to case studies on the birth and death of norms in a variety of contexts, from protest movements, to marriage, to mushroom collecting. The authors detail the concrete social processes, such as repeated interactions, social learning, threats and sanctions, that produce, sustain, and enforce norms. One case study explains how it can become normative for citizens to participate in political protests in times of social upheaval. Another case study examines how the norm of objectivity in American journalism emerged: Did it arise by consensus as the professional creed of the press corps, or was it imposed upon journalists by their employers? A third case study examines the emergence of the norm of national self-determination: has it diffused as an element of global culture, or was it imposed by the actions of powerful states? The book concludes with an examination of what we know of norm emergence, highlighting areas of agreement and points of contradiction between the disciplines. Norms may be useful in explaining other phenomena in society, but until we have a coherent theory of their origins we have not truly explained norms themselves. Social Norms moves us closer to a true understanding of this ubiquitous feature of social life.
Download or read book Rules Norms and Decisions written by Friedrich V. Kratochwil and published by Cambridge University Press. This book was released on 1991-04-26 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses the impact of norms on decision-making. It argues that norms influence choices not by being causes for actions, but by providing reasons. Consequently it approaches the problem via an investigation of the reasoning process in which norms play a decisive role. Kratochwil argues that, depending upon the strictness the guidance norms provide in arriving at a decision, different styles of reasoning with norms can be distinguished. While the focus in this book is largely analytical, the argument is developed through the interpretation of the classic thinkers in international law (Grotius, Vattel, Pufendorf, Rousseau, Hume, Habermas).
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.
Download or read book Modern Socio Technical Perspectives on Privacy written by Xinru Page and published by Springer Nature. This book was released on 2022 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book provides researchers and professionals with a foundational understanding of online privacy as well as insight into the socio-technical privacy issues that are most pertinent to modern information systems, covering several modern topics (e.g., privacy in social media, IoT) and underexplored areas (e.g., privacy accessibility, privacy for vulnerable populations, cross-cultural privacy). The book is structured in four parts, which follow after an introduction to privacy on both a technical and social level: Privacy Theory and Methods covers a range of theoretical lenses through which one can view the concept of privacy. The chapters in this part relate to modern privacy phenomena, thus emphasizing its relevance to our digital, networked lives. Next, Domains covers a number of areas in which privacy concerns and implications are particularly salient, including among others social media, healthcare, smart cities, wearable IT, and trackers. The Audiences section then highlights audiences that have traditionally been ignored when creating privacy-preserving experiences: people from other (non-Western) cultures, people with accessibility needs, adolescents, and people who are underrepresented in terms of their race, class, gender or sexual identity, religion or some combination. Finally, the chapters in Moving Forward outline approaches to privacy that move beyond one-size-fits-all solutions, explore ethical considerations, and describe the regulatory landscape that governs privacy through laws and policies. Perhaps even more so than the other chapters in this book, these chapters are forward-looking by using current personalized, ethical and legal approaches as a starting point for re-conceptualizations of privacy to serve the modern technological landscape. The book's primary goal is to inform IT students, researchers, and professionals about both the fundamentals of online privacy and the issues that are most pertinent to modern information systems. Lecturers or teachers can assign (parts of) the book for a “professional issues” course. IT professionals may select chapters covering domains and audiences relevant to their field of work, as well as the Moving Forward chapters that cover ethical and legal aspects. Academics who are interested in studying privacy or privacy-related topics will find a broad introduction in both technical and social aspects.
Download or read book SOU CCJ230 Introduction to the American Criminal Justice System written by Alison Burke and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Folkways written by William Graham Sumner and published by . This book was released on 1906 with total page 712 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Experimenting with Social Norms written by Jean Ensminger and published by Russell Sage Foundation. This book was released on 2014-10-22 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: Questions about the origins of human cooperation have long puzzled and divided scientists. Social norms that foster fair-minded behavior, altruism and collective action undergird the foundations of large-scale human societies, but we know little about how these norms develop or spread, or why the intensity and breadth of human cooperation varies among different populations. What is the connection between social norms that encourage fair dealing and economic growth? How are these social norms related to the emergence of centralized institutions? Informed by a pioneering set of cross-cultural data, Experimenting with Social Norms advances our understanding of the evolution of human cooperation and the expansion of complex societies. Editors Jean Ensminger and Joseph Henrich present evidence from an exciting collaboration between anthropologists and economists. Using experimental economics games, researchers examined levels of fairness, cooperation, and norms for punishing those who violate expectations of equality across a diverse swath of societies, from hunter-gatherers in Tanzania to a small town in rural Missouri. These experiments tested individuals’ willingness to conduct mutually beneficial transactions with strangers that reap rewards only at the expense of taking a risk on the cooperation of others. The results show a robust relationship between exposure to market economies and social norms that benefit the group over narrow economic self-interest. Levels of fairness and generosity are generally higher among individuals in communities with more integrated markets. Religion also plays a powerful role. Individuals practicing either Islam or Christianity exhibited a stronger sense of fairness, possibly because religions with high moralizing deities, equipped with ample powers to reward and punish, encourage greater prosociality. The size of the settlement also had an impact. People in larger communities were more willing to punish unfairness compared to those in smaller societies. Taken together, the volume supports the hypothesis that social norms evolved over thousands of years to allow strangers in more complex and large settlements to coexist, trade and prosper. Innovative and ambitious, Experimenting with Social Norms synthesizes an unprecedented analysis of social behavior from an immense range of human societies. The fifteen case studies analyzed in this volume, which include field experiments in Africa, South America, New Guinea, Siberia and the United States, are available for free download on the Foundation’s website:www.russellsage.org.
Download or read book The Complexity of Social Norms written by Maria Xenitidou and published by Springer. This book was released on 2014-05-28 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the view that normative behaviour is part of a complex of social mechanisms, processes and narratives that are constantly shifting. From this perspective, norms are not a kind of self-contained social object or fact, but rather an interplay of many things that we label as norms when we ‘take a snapshot’ of them at a particular instant. Further, this book pursues the hypothesis that considering the dynamic aspects of these phenomena sheds new light on them. The sort of issues that this perspective opens to exploration include: Of what is this complex we call a "social norm" composed of? How do new social norms emerge and what kind of circumstances might facilitate such an appearance? How context-specific are the norms and patterns of normative behaviour that arise? How do the cognitive and the social aspects of norms interact over time? How do expectations, beliefs and individual rationality interact with social norm complexes to effect behaviour? How does our social embeddedness relate to social constraint upon behaviour? How might the socio-cognitive complexes that we call norms be usefully researched?
Download or read book Rule Makers Rule Breakers written by Michele Gelfand and published by Scribner. This book was released on 2019-08-20 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: A celebrated social psychologist offers a radical new perspective on cultural differences that reveals why some countries, cultures, and individuals take rules more seriously and how following the rules influences the way we think and act. In Rule Makers, Rule Breakers, Michele Gelfand, “an engaging writer with intellectual range” (The New York Times Book Review), takes us on an epic journey through human cultures, offering a startling new view of the world and ourselves. With a mix of brilliantly conceived studies and surprising on-the-ground discoveries, she shows that much of the diversity in the way we think and act derives from a key difference—how tightly or loosely we adhere to social norms. Just as DNA affects everything from eye color to height, our tight-loose social coding influences much of what we do. Why are clocks in Germany so accurate while those in Brazil are frequently wrong? Why do New Zealand’s women have the highest number of sexual partners? Why are red and blue states really so divided? Why was the Daimler-Chrysler merger ill-fated from the start? Why is the driver of a Jaguar more likely to run a red light than the driver of a plumber’s van? Why does one spouse prize running a tight ship while the other refuses to sweat the small stuff? In search of a common answer, Gelfand spent two decades conducting research in more than fifty countries. Across all age groups, family variations, social classes, businesses, states, and nationalities, she has identified a primal pattern that can trigger cooperation or conflict. Her fascinating conclusion: behavior is highly influenced by the perception of threat. “A useful and engaging take on human behavior” (Kirkus Reviews) with an approach that is consistently riveting, Rule Makers, Ruler Breakers thrusts many of the puzzling attitudes and actions we observe into sudden and surprising clarity.
Download or read book Norms in International Relations written by Audie Klotz and published by Cornell University Press. This book was released on 1999 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author explores why a large number of international organizations adopted sanctions against the apartheid regime in South Africa despite strategic and economic interests that had fostered strong ties with it in the past. She argues that the emergence of the norm of racial equality is the reason.
Download or read book A Social Theory of Congress written by Brian Alexander and published by Rowman & Littlefield. This book was released on 2021-04-09 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the role that norms play in the U.S. Congress? At a time of unprecedented partisanship and high-profile breaches of legislative norms in the modern Congress, the relationship between norms and the functioning of the institution is a growing and pressing concern. Despite the importance of the topic, recent scholarship has not focused on congressional norms. Meanwhile, previous research leaves open many relevant questions about the role of norms in the Congress of the twenty-first century. A Social Theory of Congress brings norms back in to the study of Congress by defining what are legislative norms, identifying which norms currently exist in the U.S. Congress, and examining the effects that congressional norms have. This book provides a new research approach to study congressional norms through a comprehensive review of previous scholarship and a combination of interviews, survey research, and analysis of member behavior. What’s more, an innovative theoretical framework — a social theory of Congress — provides new perspectives in the study of legislatures and political behavior. The findings are striking. Norms of cooperation are surprisingly alive and well in an otherwise partisan Congress. But norms of conflict are on the rise. In addition, norms of a changing culture are affecting how members understand their role as lawmakers and in their interactions among one another. Together, these findings suggest that norms play an important role in the functioning of the legislature and as norms evolve so too does the performance of Congress in American democracy.
Download or read book The Diffusion of Law written by Professor Sue Farran and published by Ashgate Publishing, Ltd.. This book was released on 2015-08-28 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection contributes to the wider theoretical debate concerning the movement of law and legal norms by engaging with concrete examples of legal diffusion in jurisdictions as diverse as Albania, the Czech Republic, Poland and Kuwait. The volume is international, multi-disciplinary and multi-methodological in approach and brings together scholars from law and social science with experience in mixed and hybrid jurisdictions. The book provides timely new insights and a comprehensive illustration of the theoretical debates concerning the diffusion of laws and norms in terms of both process and form.
Download or read book Public Norms and Aspirations written by Willem Salet and published by Routledge. This book was released on 2018-03-05 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aspirations of individuals, organizations, and states, and their perceptions of problems and possible solutions circulate fast in this instantaneous society. Yet, the deliberation of the underlying public norms seems to escape the attention of the public. Institutions enable people to have reliable expectations of one another even when they are unsure of each other's aspirations and purposes. Public norms enable people to act under conditions of increasing uncertainty. To fulfill this role in society, institutions need enhancement, maintenance, and innovation. Public Norms and Aspirations aims to improve the methodology of planning research and practice by exploring the co-evolution of institutional innovation and the philosophy of pragmatism in processes of action. As most attention in planning research and planning practices goes to the pragmatic approaches of aspirations and problem solving, the field is awaiting an upgrade of institutional perspectives. This book aims to explore the interaction of institutional and pragmatic thought and to suggest how these two approaches might be integrated and applied in successful planning research. Searching this combination at the interface of sociology, planning, and law, Salet opens a unique niche in the existing planning literature.
Download or read book Pure Theory of Law written by Hans Kelsen and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College. Also available in cloth.
Download or read book Emergent Strategy written by adrienne maree brown and published by AK Press. This book was released on 2017-03-20 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the tradition of Octavia Butler, here is radical self-help, society-help, and planet-help to shape the futures we want. Change is constant. The world, our bodies, and our minds are in a constant state of flux. They are a stream of ever-mutating, emergent patterns. Rather than steel ourselves against such change, Emergent Strategy teaches us to map and assess the swirling structures and to read them as they happen, all the better to shape that which ultimately shapes us, personally and politically. A resolutely materialist spirituality based equally on science and science fiction: a wild feminist and afro-futurist ride! adrienne maree brown, co-editor of Octavia’s Brood: Science Fiction from Social Justice Movements, is a social justice facilitator, healer, and doula living in Detroit.
