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Norms in Law and Society: Towards a Definition of the Socio-Legal Concept of Norms

Svensson, Måns LU (2013) In Social and Legal Norms p.39-52
Abstract
The aim of this paper is to present a model for creating a more coherent concept, designed to meet the demands of the multidisciplinary field of Sociology of Law. This model is built on an ontological analysis that can incorporate different perspectives. The suggested analysis is mainly founded on the Aristotelian concepts of ‘essence’ and ‘accident.’ Thus, the method is concerned with distinguishing between norms’ ‘essential’ attributes that lie in their (the norms’) nature, (together they form the general definition of the socio-legal concept of norms); and other ‘accidental’ attributes that are characteristic within certain groups of norms (for example social and legal). The socio-legal concept of norms, presented here, acknowledges... (More)
The aim of this paper is to present a model for creating a more coherent concept, designed to meet the demands of the multidisciplinary field of Sociology of Law. This model is built on an ontological analysis that can incorporate different perspectives. The suggested analysis is mainly founded on the Aristotelian concepts of ‘essence’ and ‘accident.’ Thus, the method is concerned with distinguishing between norms’ ‘essential’ attributes that lie in their (the norms’) nature, (together they form the general definition of the socio-legal concept of norms); and other ‘accidental’ attributes that are characteristic within certain groups of norms (for example social and legal). The socio-legal concept of norms, presented here, acknowledges three essential attributes that define the nature of norms. The first two are relating to the dual ontological existence/shape of norms and the third to the importance of acknowledging the behavioural dimension. Hence, all types of norms (for example, social, legal, etc.) have two ontological attributes and one behavioural. Accordingly, norms are: (a) imperatives; (b) social facts; and (c) beliefs. (Less)
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author
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
subject
keywords
Muzafer Sherif, law, social norms, law and society, sociology of law, Émile Durkheim, Hans Kelsen, legal pluralism, theory
in
Social and Legal Norms
editor
Baier, Matthias and
pages
39 - 52
publisher
Ashgate
external identifiers
  • wos:000341298500004
  • scopus:84892983956
language
English
LU publication?
yes
id
51b0e9bb-9eec-4c7b-a01a-d1b7e215a6b3 (old id 3166371)
date added to LUP
2012-11-12 08:54:01
date last changed
2017-01-01 07:58:51
@inbook{51b0e9bb-9eec-4c7b-a01a-d1b7e215a6b3,
  abstract     = {The aim of this paper is to present a model for creating a more coherent concept, designed to meet the demands of the multidisciplinary field of Sociology of Law. This model is built on an ontological analysis that can incorporate different perspectives. The suggested analysis is mainly founded on the Aristotelian concepts of ‘essence’ and ‘accident.’ Thus, the method is concerned with distinguishing between norms’ ‘essential’ attributes that lie in their (the norms’) nature, (together they form the general definition of the socio-legal concept of norms); and other ‘accidental’ attributes that are characteristic within certain groups of norms (for example social and legal). The socio-legal concept of norms, presented here, acknowledges three essential attributes that define the nature of norms. The first two are relating to the dual ontological existence/shape of norms and the third to the importance of acknowledging the behavioural dimension. Hence, all types of norms (for example, social, legal, etc.) have two ontological attributes and one behavioural. Accordingly, norms are: (a) imperatives; (b) social facts; and (c) beliefs.},
  author       = {Svensson, Måns},
  editor       = {Baier, Matthias},
  keyword      = {Muzafer Sherif,law,social norms,law and society,sociology of law,Émile Durkheim,Hans Kelsen,legal pluralism,theory},
  language     = {eng},
  pages        = {39--52},
  publisher    = {Ashgate},
  series       = {Social and Legal Norms},
  title        = {Norms in Law and Society: Towards a Definition of the Socio-Legal Concept of Norms},
  year         = {2013},
}