Our overview of contributions on this topic shows that different notions of social norms can influence how we see or understand the relationship between law and society and thus influence the conclusions you draw as a researcher. The conceptual continuum between static and dynamic notions of social norms can be used to reflect one`s own understanding of social norms. Contributions on this topic can be read as illustrations of certain conceptions of social norms. We would consider Yuan and Pei`s contributions to be the static side of our continuum. Yuan`s contribution uses economic theories to examine how transnational norms in business law are evolving, while Pei examines how popular beliefs about litigation have taken shape in China`s criminal justice system. Müller`s contribution, on the other hand, draws on a dynamic conception of social norms to examine differences in policing between indigenous and migrant youth. As editors, we would like to thank some of the people who participated in the production of this issue. We thank EGSL for its financial support both for the focus group meetings and for this special issue. We thank Elaine Mak for the motivation behind organizing this special issue, René van Swaaningen and Sanne Taekema for their feedback on our first thematic ideas from the focus group. Finally, we would like to thank Ellen Hey in particular for her harsh criticism and infinite patience in supervision.
The doctrine of relationship is the principle that an action taken at a certain point in time is considered by a legal fiction to have been performed at an earlier time. For example, in the case of the transfer of immovable property, the final proceedings concluding the transfer of ownership are considered effective for certain purposes by taking effect on the date on which the first procedure took place. The relationship is essentially the legal concept of retroactivity. Static notions of social norms are often found in theories that approach law and society from a rational electoral perspective. Yuan`s contribution to this topic explains, for example, how social and legal norms have evolved over time in transnational business practice. These rules are intended to regulate the conduct of the parties in the conduct of their affairs. In this article, rational choice theories are used to explain the development of these norms in the field of transnational business law. In general, rational choice theories explain how the behaviour of individuals is influenced by a cost-benefit analysis.12x See, for example, the collection of articles in J. Elster (ed.), Rational Choice (1986). These theories approach society from an economic perspective in which individuals are viewed as rational, meaning that individuals aim to promote their preferences.13x For a discussion of these theories in the field of sociology, see, for example, C.
Silling and P.A. Mellor, The Sociological Ambition: Elementary Forms of Social and Moral Life (2001), pp. 164-184, and in the field of criminology, R.H. Burke, An Introduction to Criminological Theory (2014), pp. 29-77. Theories that analyze how individuals determine which behavior benefits their preferences explain social norms in terms of costs and benefits. From the point of view of rational choice theories, some models of behaviour would be rational under certain circumstances and thus improve overall utility.14x T. Voss, `Game-theoretical Perspectives on the Emergence of Social Norms`, in M. Hechter and K. Opp (eds.), Social Norms (2001) 105.
Social norms can therefore be explained in terms of consensus among rational individuals.15x Silling and Mellor, above no. 13, at 176. Since rational choice theories emphasize that social norms exist because they provide an overall benefit to the individual, 16x Voss, above No. 14, at 110ff. Social norms must also be understood in light of these costs and benefits. A number of characteristics emerge from a rational decision-making perspective on law and society. First, by moving closer to social norms, implementation becomes an important problem from the point of view of rational decision-making. Social norms must be enforced, as stowaways can try to obtain benefits without incurring costs if they follow a social norm.17x Id. 113ff. The app therefore ensures that social norms are respected by individuals. Second, rational choice theories explain social norms, particularly at the level of individual behavior. Another static conception of social norms may be more fruitful if the relationship between law and society is to be approached from a macro perspective.
A macro perspective on the relationship between law and society, based on a static conception of social norms, is possible by approaching social norms in the sense of generally shared beliefs or values. Pei`s contribution to this topic explains, for example, how a particular form of alternative dispute resolution in the Chinese legal system, criminal reconciliation, is shaped by the widespread belief in Chinese society that disputes between individuals should be resolved informally. It describes from a historical perspective how this universally shared value is reflected in China`s criminal justice system. The idea of values as a signal of a general consensus within society is found in the work of sociologist Émile Durkheim. In his book The Division of Labor in Society, Durkheim distinguishes mechanical solidarity from organic solidarity.18x E. Durkheim, The Division of Labor in Society (1997). Mechanical solidarity exists in societies where individuals share the same values. Organic solidarity, on the other hand, exists in societies where individuals can pursue different values in the face of the division of labor. In his later work, however, Durkheim argues that individualism does provide a common frame of reference on the basis of which individuals within a society can pursue different values, provided they respect the autonomy of the other.19x See R.
Cotterrell, Émile Durkheim: Law in a Moral Domain (1999), pp. 112-115. Durkheim`s ideas on solidarity show how a common form of consensus within society leads to social norms power. Static notions of social norms that emphasize shared beliefs or values can examine how a society`s values are reflected in a legal system. Durkheim, for example, argued that mechanical solidarity corresponded to a certain form of law that he called repressive law. Organic solidarity, on the other hand, is reflected in what Durkheim called reparation rights. Although Cotterrell argued that Durkheim did not share this view in his later work, 20x Id., 82ff. Durkheim`s ideas of values provide an intuitive understanding of the relationship between law and society. More generally, the idea that social values should be reflected in a legal system has been described as a mirror thesis by Tamanaha.21x Tamanaha, above No.
3. By conceptualizing the relationship between law and society in this way, it can be examined whether the values generally shared in a society are adequately reflected in the law. Tamanaha also criticizes the mirror thesis. One of his criticisms is that society is in fact not reflected in the law, as the mirror thesis suggests. According to him, Western legal systems do not really reflect the substantive values of society. This highlights the importance of procedures that ensure the general recognition of the right as valid.22x Id., 96ff. These sample sentences are automatically selected from various online information sources to reflect the current use of the word “static.” The views expressed in the examples do not represent the views of Merriam-Webster or its editors. Send us your feedback. n. the inappropriate, unjustified and/or illegal use of property that causes inconvenience or harm to others, whether private individuals and/or the general public.
Harassment can include harmful odors, noise, burns, diversion of water to other property, illegal gambling, unauthorized collections of rusty cars, indecent signs and photos of businesses, and various annoying activities.