Cambridge Legal Theory Discussion Group (CLTDG): 'Rules & Practices'

You are warmly invited to attend the 2nd session of the Cambridge Legal Theory Discussion Group of this term, to be held next Tuesday, 1st November from 17:30 to 19:00 in an online format.

Alma Diamond (NYU) will be presenting her paper "Rules & Practices" for discussion, with a response to be given by Dan Ward (Cambridge).

I investigate the relationship between social norms and social practices, a topic made familiar to analytic jurisprudence in H.L.A. Hart’s wake. I offer a taxonomy of three conceptions of this relationship and critically evaluate each. The first is a minimalist, or quietist position. The second is a one-system view, and the third a normativist two-system view. All these views share a fairly straightforward understanding of “social practices” and “social facts” in atomistic and univocal terms. Each has met with significant criticism which I briefly set out. The second part of my paper explores a possible alternative account which might emerge once we adopt a more nuanced account of what is involved in “social practices” and “social facts”. These notions need not be understood atomistically, and they need not stand in only one kind of determination relation to social norms. First, I argue for the inherently justificatory and discursive nature of mutual knowledge and show that this points us toward an understanding of social facts as common and commonable. Second, I show that practices can play either generating or structuring roles in determining social norms, and usually do both. With these distinctions in mind, I offer an alternative view of the relationship between social practices and norms, one I call an ethocentric two-system view. On that view, our practices structure the normative principles which then determine the content of social norms. I conclude by illustrating the explanatory potential of this view.

Everyone is welcome to attend!

The Paper: https://bit.ly/adiamondpaper

The Zoom link: https://bit.ly/cltdg22mt2

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