Most of the questions concerning social norms, their definition, essential signs, foundations, and practical aspects are central to the social sciences. Therefore, they have always been the focus of the attention of legal scholars, especially if they use methodologies borrowed from other disciplines such as philosophy, sociology, or political science. For example, the theories developed in psychology provide an excellent working framework for social order and norm analysis in general and for legal compliance in particular. We are going to analyze the main directions of the evolution of ideas about social order and norms as a means to regulate human behavior. We will attempt to answer the question of the possibility of developing integrative definitions of social order and norms used in jurisprudence, which is the idea proposed both by supporters and critics of modern legal positivism. This course looks at the genesis of social norms and the mechanisms of their enforcement, taking into account the efficiency and fairness concepts. It then considers the limits of behavioral theories of law and social norms. We also explore the relations between social norms and public policy, and in particular, the acceptance criteria of state coercion. As social institutions, norms should also be analyzed from the perspective of current economic theory. We are talking about pushing the boundaries of the classical theory of law by offering extra-legal criteria for evaluating the effectiveness of social regulation. Why do people obey the law? Is the contemporary crime control model efficient? We will try to answer these questions at the end of the course.
Vassili TOKAREV
Séminaire
English
Spring 2023-2024
Harris, J. W. (1997). Legal Philosophies, 2nd edition. London: Butterworths.