Norms in a Wired World (Cambridge Studies in Philosophy and Law)
Cambridge University Press
Edition: Illustrated, 3/22/2004
EAN 9780521454360, ISBN10: 0521454360
Hardcover, 434 pages, 22.9 x 15.2 x 2.9 cm
Language: English
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.
Acknowledgements
Introduction
Part I. The Pattern Conception of Norms
1. Rule conception versus pattern conception
2. Rational norms
3. Norm utilitarianism
4. Emergent moral norms
5. Critical moral norms
Part II. Negligent Norms
6. The traditional rule of custom
7. The evidentiary rule of custom
8. A world of dangerous norms and customs
9. Regulating the rule of custom to create safe social norms
10. Juror norms and the reasonable person standard
11. Rejection of the dominant paradigm of negligence
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
Conclusion
Notes
Index.