Norms in a Wired World
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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 gov...
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 breaks new ground by applying 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.
Table of contents:
Part I. The Pattern Conception of Social Norms: 1. Rule conception versus pattern conception; 2. Rational norms; 3. Norm utilitarianism; 4. Predominant egoism and emergent moral relationships; 5. Moral norms; Part II. Negligent Norms: 6. The traditional rule of custom and usage; 7. Trespass and the emergence of customary easements; 8. The evidentiary rule of custom; 9. A world of dangerous social norms and customs; 10. Regulating the rule of custom to create safe social norms; 11. Jury norms and the reasonable person standard; Part III. Cyberspace Privacy Norms: 12. Harmful online personal data practices; 13. The emergence of online privacy entitlements; 14. Website privacy respect: real and feigned.
Using informal game theory in the analysis of norms and customs, Hetcher breaks new ground by applying 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.
Hetcher applies his theory of norms to tort law and Internet privacy laws.
Table of contents:
Part I. The Pattern Conception of Social Norms: 1. Rule conception versus pattern conception; 2. Rational norms; 3. Norm utilitarianism; 4. Predominant egoism and emergent moral relationships; 5. Moral norms; Part II. Negligent Norms: 6. The traditional rule of custom and usage; 7. Trespass and the emergence of customary easements; 8. The evidentiary rule of custom; 9. A world of dangerous social norms and customs; 10. Regulating the rule of custom to create safe social norms; 11. Jury norms and the reasonable person standard; Part III. Cyberspace Privacy Norms: 12. Harmful online personal data practices; 13. The emergence of online privacy entitlements; 14. Website privacy respect: real and feigned.
Using informal game theory in the analysis of norms and customs, Hetcher breaks new ground by applying 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.
Hetcher applies his theory of norms to tort law and Internet privacy laws.
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