Eating Peas with One’s Fingers: A Semiotic Approach to Law and Social Norms

International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 26 (2):257-274 (2013)
  Copy   BIBTEX

Abstract

This paper proposes a semiotic theory of norms—what I term normative semiotics. The paper’s central contention is that social norms are a language. Moreover, it is a language that we instinctively learn to speak. Normative behaviour is a mode of communication, the intelligibility of which allows us to establish cooperative relationships with others. Normative behaviour communicates an actor’s potential as a cooperative partner. Compliance with a norm is an act of communication: compliance signals cooperativeness; noncompliance signals uncooperativeness. An evolutionary model is proposed to explain how this comes about: evolution has generated an instinctual proficiency in working with these signals much like a language—a proficiency that manifests in an emotional context. We see these social rules as possessing a certain ‘rightness’ in normative terms. This adaptive trait is what we call internalization. Internalization enhances the individual’s ability to speak this code. Because these signals communicate who is and who is not a reliable co-operator, sending and receiving cooperation signals is crucial to individual survival. Individuals who internalized the entire process and thus became more adept at speaking the language were at an advantage. Law seeks to shape the language of norms by maintaining the collective standards of society; as such, understanding how and why this normative language emerges is critical to understanding a core function of law

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 91,386

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Young Children Enforce Social Norms.Marco F. H. Schmidt & Michael Tomasello - 2012 - Current Directions in Psychological Science 21 (4):232-236.
The creation of normative facts.Carsten Heidemann - 2000 - Law and Philosophy 19 (2):263-281.
Norms, preferences, and conditional behavior.Cristina Bicchieri - 2010 - Politics, Philosophy and Economics 9 (3):297-313.
The Reflexivity of Change: The Case of Language Norms.Peter Suber - 1989 - Journal of Speculative Philosophy 3 (2):100 - 129.
Autonomous agents with norms.Frank Dignum - 1999 - Artificial Intelligence and Law 7 (1):69-79.
The Value of Vagueness.Timothy Endicott - 2011 - In Andrei Marmor & Scott Soames (eds.), Philosophical Foundations of Language in the Law. Oxford University Press, Usa.

Analytics

Added to PP
2013-05-03

Downloads
47 (#330,788)

6 months
2 (#1,232,442)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Bryan Druzin
Chinese University of Hong Kong

Citations of this work

Add more citations