This book proposes the study of norms as a method of explaining human choice and behaviour by introducing a new scientific perspective. The science of norms may here be broadly understood as a social science which includes elements from both the behavioural and legal sciences. It is given that a science of norms is not normative in the sense of prescribing what is right or wrong in various situations. Compared with legal science, sociology of law has an interest in the operational side of legal rules and regulation. This book develops a synthesizing social science approach to better understand societal development in the wake of the increasingly significant digital technology. The underlying idea is that norms as expectations today are not primarily related to social expectations emanating from human interactions but come from systems that mankind has created for fulfilling its needs. Today the economy, via the market, and technology via digitization, generate stronger and more frequent expectations than the social system. By expanding the sociological understanding of norms, the book makes comparisons between different parts of society possible and creates a more holistic understanding of contemporary society. The book will be of interest to academics and researchers in the areas of sociology of law, legal theory, philosophy of law, sociology and social psychology.
Author(s): Håkan Hydén
Series: Studies In The Sociology Of Law
Edition: 1
Publisher: Routledge | Taylor & Francis Group
Year: 2022
Language: English
Commentary: TruePDF
Pages: 339
Tags: Social Norms; Law: Social Aspects; Law: General; Sociological Jurisprudence
Cover
Half Title
Title
Copyright
Contents
Acknowledgement
Preface
1 Why do we need a science of norms?
1.1 Different perspectives of norms
1.1.1 Design of the book
1.1.2 Norms from an analytical perspective
1.1.3 Norms from an empirical perspective
1.1.4 Normative systems
1.2 The relation between societal development and changing norms
1.2.1 How is a society created?
1.2.2 The birth, change and decline of a societal system
1.3 Epistemological implications
1.3.1 The circle of motives between actor and system theory
1.3.2 The need to assemble
2 Two competing normative worlds and their internal changes over time
2.1 Introduction
2.2 Lifeworld and system
2.2.1 Human dualism
2.2.2 Social integration
2.2.3 System integration
2.2.4 The relationship between lifeworld and systems
2.3 The Scurve and the developments of the two worlds over time
2.3.1 Society’s material progress – the successive establishment of the systems
2.3.2 Society’s ideological progress – the perpetual rise and fall of the lifeworld
2.3.3 How society develops and expresses its ideology
3 About norms and action systems
3.1 Social norms
3.1.1 Sociological and sociopsychological norms
3.1.2 Norms in game theory
3.1.3 Other types of social norms
3.1.4 How are norms created and reproduced?
3.1.5 The concept of norms
3.2 The distribution of norms across action systems
3.2.1 Action systems
3.2.2 Sociocultural systems
3.2.3 The political/administrative system
3.2.4 The economic system
3.2.5 The ecological system
3.2.6 Biotic and abiotic subsystems
3.2.7 Summing up
4 Law as a system of norms
4.1 Legal rules as norms
4.2 Legal property spaces
4.3 The contents of legal rules and distribution across action systems
4.4 When a norm becomes a legal rule, what are the consequences?
4.5 What norms become legal rules?
4.6 On detecting a norm or system of norms
5 The evolution of norms and law
5.1 The evolution of law in the market economy
5.1.1 Legal cultures that have shaped Western law
5.1.2 The market economy as legal culture
5.2 The evolution of law during the industrial age
5.3 Law in transitional society
5.3.1 Intervening rules and intersystem conflicts
5.3.2 Characteristics and problems with intervening rules
5.3.3 A discussion on alternative solutions to intersystem conflicts
6 Toward a theory of legal change
6.1 A theory of basic normative patterns
6.2 The emergence and developmental pattern of environmental law: a basic normative pattern characterized by dominant economic norms
6.2.1 The two sides to the right of ownership
6.2.2 The institution of immission
6.2.3 The institution of tort law
6.2.4 Intervening rules
6.3 Are there basic normative patterns that recur in other areas of law?
6.4 The development of the legal system within bipolar values
6.5 Law as an indicator of societal change
6.6 The locomotive of legal development
6.7 Concluding remarks
7 A science of norms: a science for the 21st century
7.1 Sociology of law: a science of norms
7.1.1 Brief summing up
7.1.2 Norms as readiness for action: a parallel to genomics
7.1.3 Norms between law and society
7.1.4 Methodological implications
7.2 Strategic normative thinking: normative design to support selfregulation
7.2.1 Introduction to a legal innovation
7.2.2 Normative design to support selfregulation
7.3 Sociology of law in need of a science of norms in the digital era
7.3.1 Gene technology and the lag in law
7.3.2 The normativity of technology
7.3.3 Code is law and algorithms are norms
7.3.4 Different orders of normativity: algo norms
7.3.5 Methodological implications
7.3.6 Regulatory and legal implications
7.3.7 Changes in society and the need for a science of norms
Bibliography
Index
