Norms in a Wired WorldCambridge University Press, 2004/03/22 - 420 ページ 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. |
目次
Acknowledgments page xi | 1 |
THE PATTERN CONCEPTION OF NORMS | 15 |
Rational Norms | 38 |
Norm Utilitarianism | 79 |
Emergent Moral Norms | 96 |
Critical Moral Norms | 120 |
NEGLIGENT NORMS | 147 |
The Evidentiary Rule of Custom | 163 |
Juror Norms and the Reasonable Person Standard | 215 |
Rejection of the Dominant Paradigm of Negligence | 226 |
CYBERSPACE PRIVACY NORMS | 241 |
The Emergence of Online Privacy Entitlements | 261 |
Real and Feigned | 282 |
Conclusion | 306 |
Notes | 319 |
| 412 | |
A World of Dangerous Norms and Customs | 178 |
Regulating the Rule of Custom to Create Safe Social Norms | 198 |
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able action activities actors agents analysis appears apply approach argue behavior benefit better Chapter choice claim complex conception concern conformity consider consumers cooperative coordination costs courts create custom depending determine developed discussion duty easement economic effect efficient Ellickson emergence epistemic evidence evidentiary example existence expectations explain fact Hand important individual industry injuries interest Internet issue jurors jury less maintained manner matter means moral motivation negligence norms ordinary outcome particular parties pattern personal data play position Posner possible practices prefer present principle privacy policies problem promote question rational reason receive regarding relationship respect Restatement result role rule sanctions sense signaling simply situation social social norms sort standard strategic structure supra note theorists theory third tort tort law types users utilitarian websites