Social norms and social practices

被引:0
|
作者
Lawless, John [1 ,2 ]
机构
[1] Illinois State Univ, Normal, IL 61790 USA
[2] Illinois State Univ, Dept Philosophy, Stevenson Hall 412, 100 N Univ St, Normal, IL 61790 USA
关键词
command theory of law; Cristina Bicchieri; HLA Hart; law; social norms;
D O I
10.1177/01914537231211033
中图分类号
B [哲学、宗教];
学科分类号
01 ; 0101 ;
摘要
Theories of social norms frequently define social norms in terms of individuals' beliefs and preferences, and so afford individual beliefs and preferences conceptual priority over social norms. I argue that this treatment of social norms is unsustainable. Taking Bicchieri's theory as an exemplar of this approach, I argue, first, that Bicchieri's framework bears important structural similarities with the command theory of law; and second, that Hart's arguments against the command theory of law, suitably recast, reveal the fundamental problems with Bicchieri's framework. I then draw on Hart's critique to develop and defend an alternative approach, arguing that we should conceive of social norms as the norms internal to a "socially sanctioned representational practice." This approach makes social norms conceptually independent of individuals' beliefs and preferences by locating them within social practices that transcend their individual participants, structuring the social landscape even before individuals form their own beliefs and preferences.
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页数:27
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