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

Summary, in English

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: Måns Svensson
• Editor: Matthias Baier
• Department/s: Department of Sociology of Law; Centre for Work, Technology and Social Change (WTS)
• Publishing year: 2013
• Language: English
• Pages: 39-52
• Publication/Series: Social and Legal Norms
• Full text: - 462 kB; Download statistics
• Document type: Book chapter
• Publisher: Ashgate
• Topic: Law and Society
• Keywords: Muzafer Sherif; law; social norms; law and society; sociology of law; Émile Durkheim; Hans Kelsen; legal pluralism; theory
• Status: Published
• Research group: Cybernorms