Where Law and Order Start: The Genesis of Boundaries and Norms

Journal of Moral Education 11 (2):101-111 (1982)
Abstract
Abstract This paper deals with the asymmetrical manner in which people perceive norms: sometimes these are seen as mere restraints, and sometimes??from a higher viewpoint??they can be seen as constituent elements in the structure of a group. A model of this is offered from ethology??the process of boundary stabilization in a nesting colony of gulls. Symbolic activity is often associated with such boundaries and this too has a two?level appearance. The creative achievement of language is discussed. A parallel is then elaborated (using a passage from Michael Polanyi) between the work of a scientist (who articulates in language the working principles of natural phenomena) and that of a judge (who articulates the hidden tensions, principles and values at work in human society). Polanyi's account of tacit and explicit knowledge is then seen to be similar to Ronald Dworkin's view of the judicial process. This is in marked contrast to the still popular ?positivist? view of law. An educational corollary is important: that extensive practical experience of the processes of order, in family, school etc., is an essential precondition for any theoretical discussion of values, principles or rules
Keywords No keywords specified (fix it)
Categories (categorize this paper)
Options
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
 
Download options
PhilPapers Archive


Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 11,018
External links
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library
References found in this work BETA
J. R. Lucas (1980). On Justice =. Oxford University Press.

View all 8 references

Citations of this work BETA

No citations found.

Similar books and articles
Eugenio Bulygin (1992). On Norms of Competence. Law and Philosophy 11 (3):201 - 216.
Onora O'Neill (2007). Normativity and Practical Judgement. Journal of Moral Philosophy 4 (3):393-405.
Timothy A. O. Endicott (2001). How to Speak the Truth. American Journal of Jurisprudence 46 (1):229-248.
Gerd Gerhardt (2008). On Concept and Order of Values, Norms and Virtues. Proceedings of the Xxii World Congress of Philosophy 37:57-66.
Analytics

Monthly downloads

Sorry, there are not enough data points to plot this chart.

Added to index

2010-09-02

Total downloads

1 ( #438,891 of 1,101,073 )

Recent downloads (6 months)

0

How can I increase my downloads?

My notes
Sign in to use this feature


Discussion
Start a new thread
Order:
There  are no threads in this forum
Nothing in this forum yet.