scholarly journals Labour Constitutions and Occupational Communities: Social Norms and Legal Norms at Work

2020 ◽  
Vol 47 (4) ◽  
pp. 612-638
Author(s):  
RUTH DUKES ◽  
WOLFGANG STREECK
Keyword(s):  
Social Norms ◽  
Legal Norms ◽  
Occupational Communities

Introduction: Law as a Means of Exclusion

1996 ◽  
Vol 11 (2) ◽  
pp. 15-18
Author(s):  
Marie-Andrée Bertrand
Keyword(s):  
Social Norms ◽  
Canadian Journal ◽  
Social Institutions ◽  
Law And Society ◽  
Special Issue ◽  
Social Rules ◽  
Legal Norms ◽  
Judicial Decisions ◽  
Sharp Focus ◽  
Legislative Agenda

In our call for papers for this special issue of the Canadian Journal of Law and Society on “Law as a factor of exclusion,” we announced that we were seeking contributions on the discriminatory and exclusionary power of legal and non-legal norms and institutions. We also intimated that the use of historical approaches might prove revealing in analyses of statutes and other legislation, especially for their potential to uncover otherwise hidden legislative agenda.The articles in this issue of the Journal meet and surpass our expectations. Each of the authors brings into sharp focus the central issues at stake in the announced theme. While the majority of the contributions take legislation and judicial decisions as their primary material, some are directed to exploring non-legal norms and social rules. Moreover, even in those contributions taking the state law as their object, the authors display a keen awareness of the power of social norms and social institutions; one of these deals specifically with the practices of the legal profession and the legal academy. Nearly all of the authors historicize their subject.

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.

Zygmunt Ziembiński and his Analytical Theory of Law: Formalization of Law as an Instrument to Protect its Minimal Moral Content

2020 ◽  
Vol 45 (2-3) ◽  
pp. 268-280
Author(s):  
Marzena Kordela
Keyword(s):  
Social Norms ◽  
Analytical Theory ◽  
Moral Dimension ◽  
Legal Norms ◽  
Moral Content ◽  
Theory Of Law ◽  
Entire Theory ◽  
Concept Of Law ◽  
Formal Features

Zygmunt Ziembiński defined law as a system of norms of conduct distinguishable from other social norms by determined formal features. By qualifying norms as linguistic expressions he predetermined the analytical character of his entire theory of law. However, by assuming that the creator of legal norms – the rational legislator – among its methodological characteristics also includes the assumption of axiological rationality, he gave a moral dimension to his concept of law.

Decentralized Production: The Need for Social Norms-Based Intellectual Property?

2019 ◽  
Vol 16 (02) ◽  
pp. 1950021
Author(s):  
Jurgen Poesche ◽  
Taina Pihlajarinne ◽  
Anette Alén-Savikko ◽  
Timo Nyberg ◽  
Ilkka Kauranen
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Social Norms ◽  
Information And Communications Technology ◽  
Small Scale ◽  
Solar Panels ◽  
Industrial Property ◽  
Economic Interests ◽  
Legal Norms ◽  
Cost Efficient

The objective of this paper is to explore the need for and possible benefits of social norms-based intellectual property systems in the context of the renaissance of decentralized production. Innovative engineering in addition to powerful information and communications technology enables a renaissance of decentralized production. A central form of such is co-engaging production. This renaissance can already be observed in small-scale 3D printing, microbreweries, small-scale food production in rooftop greenhouses, and small-scale electricity generation with solar panels installed by users of electricity. Individuals engaging in decentralized production typically have limited resources, which may hinder them from applying registration for industrial property rights. Therefore, social norms-based intellectual property can, in some cases, be more cost efficient in the case of decentralized production. In the case of cross-border groups, social norms-based intellectual property can evolve regardless of territorially restricted national legal-based intellectual property rights. The advantages of social norms may override their disadvantages when no great economic interests are involved and the production and the need of protection are short-term by nature. The decentralized characteristic of social norms-based intellectual property brings in new people as creators of creations for which intellectual property protections exist. This can enhance creativity by broadening the cognitive and cultural diversity of the creations. Social norms-based and legal norms-based intellectual property systems are not mutually exclusive and can exist side-by-side.

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.

Criminal liability and the motivational background of socially unacceptable behaviour of youth

2021 ◽  
Vol 605 (10) ◽  
pp. 72-84
Author(s):  
Marcin Jurczyk
Keyword(s):  
Secondary Schools ◽  
Social Norms ◽  
Criminal Liability ◽  
Juvenile Detention ◽  
Survey Method ◽  
Criminal Record ◽  
Legal Norms ◽  
Social Rehabilitation ◽  
Upper Secondary ◽  
Upper Secondary Schools

The article presents an analysis of the results of research carried out among minors residing in social rehabilitation centres and adolescents from upper secondary schools complying with the legal norms. The aim of the conducted research was to analyse the previous criminal record of the respondents and to analyse the existing diff erences in the type of the declared motivational background in undertaking behaviours that violate legal and social norms among the examined adolescents. A total of 133 minors from juvenile detention centres and 133 students from upper secondary schools were examined. The diagnostic survey method was used. The results of the analysis show that in the group of girls from juvenile detention centres, the motive of getting things (money) that they do not have and imitating their colleagues dominates relatively more often. In turn, among boys from rehabilitation centres, the most frequently indicated motive was repaying someone for the harm done and willing to teach someone a lesson. Among girls from upper secondary schools, the motive of imitating friends turned out to be the dominant motive for behaviour that violates social norms. No signifi cant motive was found among boys from this group.

Donosy. Między normą a patologią relacji społeczeństwa z organami władz policyjnych. Refleksje nie tylko na przykładzie dziewiętnastowiecznych akt policyjnych: żandarmerii i ochrany

2019 ◽  
Vol 110 (2) ◽  
pp. 215-237
Keyword(s):  
Nineteenth Century ◽  
Social Norms ◽  
Sources Of Information ◽  
Historical Sources ◽  
Legal Norms ◽  
Category System ◽  
Police Agencies ◽  
Social Penetration ◽  
Police Records

Informing — entangled in a legal category system, marked a temptation to seize power indirectly, to acquire its attributes — found its place and recognition in the reality of society’s life in the nineteenth century. This is confirmed both by the legal norms adopted in tsarist Russia as well as social norms that evolved in the country. Particularly elaborate in terms of their form and types were denunciations used by police institutions in tsarist Russia — for them denunciations were one of the most important sources of information as well as means of communication. Police denunciations, unique methods of their creation and acquisition, sometimes barely legal ways of using them prevailed over the established norms of contact and collaboration between police agencies and society. The multitude and frequency of denunciations in police records testified to the existence of numerous pathologies in the relations between society and the police. What emerges as pathological in the light of the denunciations is the area of social penetration carried out by the police, ways of gathering information and ways of using it. Despite their shortcomings and the difficulties involved in assessing such documents, police denunciations are one of the most valuable categories of historical sources, which cannot be left out of any reliable research.

The change in social norms in the Mafia's territories: the anti-racket movement of Addiopizzo

2020 ◽  
pp. 1-16
Author(s):  
Francesca Lipari ◽  
Giulia Andrighetto
Keyword(s):  
Social Change ◽  
Social Norms ◽  
Social Norm ◽  
Top Down ◽  
Process Of Change ◽  
Legal Norms ◽  
Effective Reduction ◽  
Grass Root ◽  
Root Movement

Abstract Social norms pervade society and when they conflict with legal norms, the former undermine the latter making them ineffective. In this study, we propose that the extortion racket in Sicily has turned into a social norm and this is why recent top-down interventions have failed in stalling this socially undesirable activity. One exception is represented by Addiopizzo, a grass root movement that uses non-legal means to fight the racket phenomenon in Sicily. During the last 15 years, Addiopizzo was able to produce an effective reduction in the payment of protection money in the Sicilian city of Palermo by triggering, we suggest, among other things, a process of change in social norms. Acknowledging the importance of a change in social norms to achieve social change allows us to link the theory of institutions as ‘rules’ with the theory of institutions as ‘equilibria’.

scholarly journals Lex Superior Versus Lex Inferior: Selection Between Social Norms and Applicable Legal Norms

2019 ◽  
Author(s):  
Saifullah Bombang ◽  
Syamsul Haling ◽  
Paisal Halim
Keyword(s):  
Social Norms ◽  
Research Methods ◽  
Social Norm ◽  
Human Life ◽  
Legal Certainty ◽  
Legal Research ◽  
Legal Norms ◽  
Meeting Point ◽  
Legal Subjects ◽  
Laws And Regulations

Human life cannot separate from social norms that become a benchmark for behavior. Social norms have validity and power applicable to legal subjects. In addition to human social norms, it is also bound by legal norms, which also have validity and power applicable to legal subjects. Types of research methods used are normative legal research focusing on positive legal norms in the form of legislation, namely by reviewing the laws and regulations governing the registration of arbitration decisions to realize legal certainty for the parties while empirically is to see the reality directly occur in the field. In such situations, it will be able to arrive at one meeting point, namely social norms with legal norms in the same position. The choice of personal priority will take only one norm in this paper called Lex superior versus Lex inferior. Norms with a superior Lex position will face with inferior Lex norms, which in turn are only one social norm that will fulfill both in the position of superior Lex and inferior Lex. Humans only choose one social norm that believed and expected to fulfill their interests and demands (material and spiritual). Consequently, logically from this position, humans will be trapped in the struggle of the superior Lex norm with Lex inferior in a continuous and alternating manner throughout their lives. Inharmonious and disharmonic interactions, often people trapped in a pattern of logical relationships that are diverse and alternating both constructive, contrarian, and sub-alternative.

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