Understanding Social Norms and Legal Rules

3.1 Social Norms

3.1.1 Sociological and Socio-Psychological Norms

  • Definitions: Jack Gibbs notes that norms defy strict definition, with casual and philosophical interpretations lacking consensus.

  • Influential Authors: Key figures in norm sociology include:   - Émile Durkheim (France)   - William Graham Sumner (USA)   - Charles H. Cooley (USA)

3.1.1.1 William Graham Sumner

  • Main Work: Folkways (1909) explores norms as cultural patterns gaining legitimacy over time.

  • View on Customs: Establishes the idea that beliefs about right and wrong arise from customs.

  • Contemporary Impact: Sumner’s views are foundational in current sociology regarding norms.

3.1.1.2 Interactionism and Ethno-Methodology

  • Interactionist Perspective: Scholars like Berger interpret norms as rooted in interactions, contrasting with deterministic behaviorism.

  • Micro-Norms: Ethno-methodologists, such as Garfinkel, link micro-level behaviors to underlying customs.

3.1.1.3 Charles H. Cooley

  • Primary Group Concept: Cooley posits primary groups as originators of norms, influencing later sociological thought.

  • Interactionism Influences: His ideas extend to the interactionist perspective, emphasizing interpersonal dynamics.

3.1.1.4 Other Perspectives on Norms

  • Talcott Parsons: Defines norms as verbal action directives linked to desired behaviors (e.g. obeying orders).

  • Blake and Davis: Describe norms as standards prescribing actions

  • George Homans: Suggests norms describe how group members ought to behave in certain scenarios.

  • Internalization vs. Representation: The debate exists on whether norms must be internalized or represented symbolically; internalization may pertain primarily to norms derived from primary socialization.

3.1.1.5 Gibbs on Norms

  • Gibbs’ Definition: Norms are patterns of sanctions, influenced by various established rules.

  • Consequences of Deviations: Deviating from norms prompts sanctions, but various norms present different impacts and functions.

3.1.1.6 Durkheim's Distinction

  • Types of Norms: Durkheim categorizes norms into:   - Moral Rules: Those lacking direct consequences (e.g., murder).   - Technical Norms: Norms tied to direct analytical results (e.g., exposure leading to illness).

3.1.2 Norms in Game Theory

  • Edna Ullmann-Margalit: Argues social norms shape expectations and actions among anonymous actors, defining their roles in action systems.

  • Robert Axelrod's Game Theory: Defines norms within social context as behavior influences, exploring the emergence of norms via computerized simulations to promote cooperation.

3.1.2.1 Axelrod's Findings

  • Punishment Dynamics: The pro-punishment position correlates with reductions in norm violations, while stability in norms relies on meta-norms encouraging punishment for non-conformance.

  • Legislation's Role: Legal backing legitimizes norms and stabilizes them through defined enforcement protocols.

3.1.3 Other Types of Social Norms

  • Classification of Norms:   - Constructive Norms: Guidelines (e.g., market behaviors).   - Competence Norms: To whom responsibilities fall (e.g., decision-making roles).   - Action Norms: Prescriptive behaviors for individuals, either goal-oriented or intrinsic.

3.1.3.1 Moral vs. Social Norms

  • Moral Norms: Discuss the intrinsic value of right actions.

  • Social Norms: Operate within cultural contexts, often unrecognized yet influential when violated.

3.1.3.2 Goran Therborn's Perspective

  • Normality and Uncertainty: Norms reduce uncertainties and are foundational for social order. They define acceptable behaviors while identifying deviators.

  • Internalized vs. Systemic Norms: Schwartz distinguishes between internal moral norms versus those dictated by external observations, linking them to social exclusions.

3.1.4 Creation and Reproduction of Norms

  • Per Stjernquist's Theory: Norms arise from cooperative needs; crafted through collaboration leading to defined behaviors.

  • Social Conditions: Norms develop in response to collaborative pressures and community needs.

3.1.4.1 Contextual Influences

  • Norm evolution depends on the economic, political, and cultural context, influencing their adoption and change.

3.1.5 The Concept of Norms

  • Fundamental Characteristics: Norms as behavioral instructions and social constructs maintained through social reproduction.

  • Cognition and Perception: Differences in norms (legal vs. social) rest on their linguistic and semiotic nature, shaping individual understandings and expectations.

4.1 Legal Rules as Norms

4.1.1 Distinction Between Legal and Social Norms

  • Theoretical Approach: Legal rules need contextual understanding, requiring an interdisciplinary approach linking social sciences and legal theories.

  • Focus on Sanctions: Many definitions of legal rules emphasize enforcement mechanisms often — including norms and their application.

4.1.1.1 Hayek's Norm Distinction

  • Differentiates between spontaneous (nomos) and constructed (thesis) orders, emphasizing the origins of norms in social versus political contexts.

4.1.1.2 Legal Systems Overview

  • Five Criteria of Legal Systems:   1. Organized production of rules.   2. Authoritative interpretation mechanism.   3. Defined legal language and norms.   4. National state link.   5. Ethical minimum demands.

4.1.1.3 Consequences of Norm Elevation

  • Legal norms gain intrinsic value, legitimacy, and often modify or clarify existing norms by being entrenched within legal systems.

  • Norms gain enforcement capabilities through legal recognition, preventing reliance on private sanctions.

Lecture notes

  • norm review and law as norms

    • Norms guide action and make behavior predictable

  • legal rules as norms

    • Legal rules are general

    • They are prescriptive as they tell people to do or not do something

    • Legal rules have institutional backing through courts and agencies, and also include procedures and authorized decisions

  • Moving from a norm to a rule

    • norm is moved into law when a clear and uniform answer is needed

    • law is used when conflict grows or harm is visible

    • law is used when informal guidance is weak that is why legalization aims at stability and clarity

  • How legalization changes things

    • creates clarity through words and procedures

    • it adds record-keeping and authorized interpreters

    • it brings formal sanctions and organized enforcement

  • How legalization changes things

    • When a norm is legalized, disputes are no longer handled through informal talk or private correction; the rule now comes with named procedures and official decision-makers.

    • If the rule is broken, a sanction follows

  • the Planetir Tech Company

  • school rules: how they help us website

  • legal property spaces

    • law marks what is permitted, required, and forbidden

    • The law allocates access and control over things and activities

  • distribution across action systems

    • norms and legal rules move through workplace families, markets, and public offices

    • Each setting has a different set of procedures, records, and interpreters/interpretations

    • movement across settings can change how a rule is used

  • choosing which norms become legal rules

    • norms that ouch many different people are more likely to be legalized

    • Norms that involve risk or strong interests are candidates for legalization

    • norms that need the same answer across places are moved into law

    • legalization signals public importance

  • marriage:

    • Before the law enters, partnerships are guided by custom and private promises

    • Legalization creates a public rule with a license