A philosophical conception of norms is developed and defended. Chapter I first examines the received view of norms in the social scientific and philosophical literature. On this view, norms are rule-like, an essentially subjective or internal conception. It will be argued, however, that norms are better described as patterns of behavior, an objective or external conception. The pattern view achieves a better fit with our intuitive understanding of norms, and is better suited to the role norms are to play in (...) social theory. The second chapter continues the appraisal of the pattern conception by looking at how norms perform in an applied theoretical context, namely, utilitarian moral theory. The third and fourth chapters attempt to reconcile the notion of conformity necessary to the pattern conception with the dictates of methodological individualism. The possibility of an individualistic grounding will be seen to depend on the types of individuals that are assumed to exist. As this study assumes the existence of moral motivation, as well as narrowly self-interested, rational motivation, an individualistic grounding will require a moral and a rational grounding for norms. Chapter III discusses the rational grounding and Chapter IV the moral. In addition, the analysis of the types of situations in which conformity is rational and moral will provide a superior typology of norms. (shrink)

Social order is regulated from above by the law but its foundation is built on norms and customs, informal social practices that enable people to make meaningful and productive uses of their time and resources. Despite the importance of these practices in keeping the social fabric together, very little of the jurisprudential literature has focused on a discussion of these norms and customs. In Social Norms in a Wired World Steven Hetcher argues that the traditional conception of norms as rule-like (...) linguistic entities is erroneous. Instead, norms must be understood as patterns of rationally governed behaviour maintained in groups by acts of conformity. Using informal game theory in the analysis of norms and customs, Hetcher applies his theory of norms to tort law and Internet privacy laws. This book will appeal to students and professionals in law, philosophy, and political and social theory. (shrink)