Expressive Law, Social Norms, and Social Groups

2016 ◽  
Author(s):  
Janice Nadler
Keyword(s):  
2011 ◽  
Vol 16 (4) ◽  
pp. 129-140 ◽  
Author(s):  
Simon Duncan

Individualisation theory misrepresents and romanticises the nature of agency as a primarily discursive and reflexive process where people freely create their personal lives in an open social world divorced from tradition. But empirically we find that people usually make decisions about their personal lives pragmatically, bounded by circumstances and in connection with other people, not only relationally but also institutionally. This pragmatism is often non-reflexive, habitual and routinised, even unconscious. Agents draw on existing traditions - styles of thinking, sanctioned social relationships, institutions, the presumptions of particular social groups and places, lived law and social norms - to ‘patch’ or ‘piece together' responses to changing situations. Often it is institutions that ‘do the thinking’. People try to both conserve social energy and seek social legitimation in this adaption process, a process which can lead to a ‘re-serving' of tradition even as institutional leakage transfers meanings from past to present, and vice versa. But this process of bricolage will always be socially contested and socially uneven. In this way bricolage describes how people actually link structure and agency through their actions, and can provide a framework for empirical research on doing family.


Author(s):  
Victor Ottati ◽  
Chase Wilson

Dogmatic or closed-minded cognition is directionally biased; a tendency to select, interpret, and elaborate upon information in a manner that reinforces the individual’s prior opinion or expectation. Open-minded cognition is directionally unbiased; a tendency to process information in a manner that is not biased in the direction of the individual’s prior opinion or expectation. It is marked by a tendency to consider a variety of intellectual perspectives, values, attitudes, opinions, or beliefs—even those that contradict the individual’s prior opinion. Open-Minded Cognition is assessed using measures that specifically focus on the degree to which individuals process information in a directionally biased manner. Open-Minded Cognition can function as an individual difference characteristic that predicts a variety of social attitudes and political opinions. These include attitudes toward marginalized social groups (e.g., racial and ethnic minorities), support for democratic values, political ideology, and partisan identification. Open-Minded Cognition also possesses a malleable component that varies across domains and specific situations. For example, Open-Minded Cognition is higher in the political domain than religious domain. In addition, Open-Minded Cognition is prevalent in situations where individuals encounter plausible arguments that are compatible with conventional values, but is less evident when individuals encounter arguments that are extremely implausible or that contradict conventional values. Within a situation, Open-Minded Cognition also varies across social roles involving expertise. Because political novices possess limited political knowledge, social norms dictate that they should listen and learn in an open-minded fashion. In contrast, because political experts possess extensive knowledge, social norms dictate that they are entitled to adopt a more dogmatic cognitive orientation when listening to a political communication.


2004 ◽  
Vol 45 (2) ◽  
pp. 189-205 ◽  
Author(s):  
LAURENCE LOISON

The article deals with family solidarities and the grey economy in modes of resistance against poverty and social isolation, in unemployment situations in Portugal. We examine the strategies used by these social groups in order to fight against the economic and social effects of unemployment. We then analyse the social norms structuring the mobilisation of family cooperation and activities on the labour black market. Finally, we conclude by underlining the positive effects and disavantages of these compensations on the experience of unemployment.


2018 ◽  
Vol 9 (2) ◽  
pp. 186-192 ◽  
Author(s):  
Christian S. Crandall ◽  
Jason M. Miller ◽  
Mark H. White

The 2016 presidential election was characterized by the remarkable expression of prejudice toward a range of groups. In two closely related studies ( N = 388; 196 supporting Trump, 192 Clinton), we measured (1) perceptions of social norms toward prejudice or (2) people’s own levels of prejudice toward 19 social groups, shortly before and after the election. Some groups were targeted by the Trump campaign (e.g., Muslims, immigrants) and some were not (e.g., atheists, alcoholics). Participants saw an increase in the acceptability of prejudice toward groups Trump targeted but little shift in untargeted groups. By contrast, participants reported a personal drop in Trump-targeted prejudice, probably due changing comparison standards, with no change in prejudice toward untargeted groups. The 2016 election seems to have ushered in a normative climate that favored expression of several prejudices; this shift may have played a role in the substantial increase in bias-related incidents that follow closely upon the election.


2019 ◽  
Author(s):  
Erol Akçay ◽  
Jeremy Van Cleve

AbstractSocial norms play a crucial role in human behavior, especially in maintaining cooperation within human social groups. Social norms might be self-enforcing or be enforced by the threat of punishment. In many cases, however, social norms are internalized and individuals have intrinsic motivations to observe norms. Here, we present a model for how intrinsic preferences to adhere to cooperative norms can evolve with and without external enforcement of compliance. Using the methodology of preference evolution, we model how cooperative norms coevolve with the intrinsic motivations to follow them. We model intrinsic motivations as being provided by guilt, a kind of internal “punishment” that individuals feel for falling short of cooperative norms, and show that the shape of this internal punishment function plays a crucial role in determining whether and how much internalization can evolve. We find that internal punishment functions that eventually level off with the deviation from the norm can support internalization without external punishment. In contrast, internal punishment functions that keep escalating with the deviation from the norm require external punishment, but yield stronger norms and more cooperation when external punishment is present. By showing how different preference mechanisms can enhance or limit norms that stabilize cooperation, these results provide insights into how our species might have evolved the norm psychology that helps us maintain such complex social and cultural institutions.


2010 ◽  
Vol 54 (1) ◽  
pp. 111-140
Author(s):  
Ilona Szymańska

The mobile telephone is an invention which has extremely quickly become an integral part of everyday life and has definitively changed the habits of individuals. It became an obvious context of interaction and the observation of the methods of its use in different social groups allow the following of the process of the formation of new patterns of behaviour and social norms which have been created around this tool. The topic of discussion is in what manner the contacts maintained by the mobile telephone has influenced the shaping of social relations and the maintenance of social bonds in the conditions observed by theoreticians of the social process of individualisation. The possibilities of overcoming the spatial limitations which the mobile phone creates and above all the multiplicity of its functions and uses mean that it has a powerful potential for creating change.


Hypatia ◽  
2016 ◽  
Vol 31 (3) ◽  
pp. 520-536 ◽  
Author(s):  
Elanor Taylor

Oppression is a form of injustice that occurs when one social group is subordinated while another is privileged, and oppression is maintained by a variety of different mechanisms including social norms, stereotypes, and institutional rules. A key feature of oppression is that it is perpetrated by and affects social groups. In this article I show that because of the central role that groups play in theories of oppression, those theories face significant, and heretofore mostly unrecognized, metaphysical problems. I then identify resources from analytic metaphysics that can be used to address these problems. I show that, although we should not be pessimistic about the prospects for a viable theory of oppression, it will take serious metaphysical work to develop a plausible ontology of oppression, and existing theories have for the most part failed to respond to this challenge.


2017 ◽  
Vol 42 (01) ◽  
pp. 60-75 ◽  
Author(s):  
Janice Nadler

To understand how law works outside of sanctions or direct coercion, we must first appreciate that law does not generally influence individual behavior in a vacuum, devoid of social context. Instead, the way in which people interact with law is usually mediated by group life. In contrast to the instrumental view that assumes law operates on autonomous individuals by providing a set of incentives, the social groups view holds that a person's attitude and behavior regarding any given demand of law are generally products of the interaction of law, social influence, and motivational goals that are shaped by that person's commitments to specific in-groups. Law can work expressively, not so much by shaping independent individual attitudes as by shaping group values and norms, which in turn influence individual attitudes. In short, the way in which people interact with law is mediated by group life.


Author(s):  
Dusan Stojnov

The issues of normality of people, generally dealt with in the context of 'P' sciences (psychology, psychiatry and psychotherapy), have been coupled with the issue of implementing social norms in education process dealt with in the context of pedagogy. A well-established view that the issue of normality is 'ontologically evident' and rests upon natural behavior is opposed to views of the culturally situated normal-abnormal dimension and those of abnormality as a social structure. It has been shown that the border between the domains of normal and abnormal is vague, that it rests upon the absence of criteria giving privilege to invisible social groups and that those criteria change in time and differ in different cultures. Education that is tending to the harmonization of normality founded on what is natural and common to most humans is opposed to the view of education that is nurturing multiperspectivism - emancipation of as much diversity of perspectives as possible, being frequently disharmonious, and whose harmonization can be achieved only in a long-lasting, enduring and demanding process of tolerating differences.


2015 ◽  
Vol 6 (3) ◽  
pp. 421-443 ◽  
Author(s):  
Rania Karachaliou ◽  
Argiris Archakis

In this paper we analyze the use of swearwords in Greek teenage storytelling. Our research is based on the analysis of conversational narratives that occurred in two conversations between male adolescents who belong to different social groups. Our analysis shows that the use of swearing in the story performances enables the narrators (1) to construct for themselves the identity of the powerful members of a group who share strong friendship bonds and challenge authorities in the first conversation, and (2) to project the identity of individuals who conform to mainstream values in the second conversation. Therefore, we suggest that swearing can be an effective linguistic tool for the construction and negotiation of diverse youth identities, i.e. the acceptance of or the departure from social norms, in the unfolding of narrative speech.


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