David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Journal of Moral Education 11 (2):101-111 (1982)
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)|
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
Ronald Dworkin (ed.) (1977). The Philosophy of Law. Oxford University Press.
R. A. Hodgkin (1970). Reconnaissance on an Educational Frontier. London,Oxford U.P..
J. R. Lucas (1980). On Justice =. Oxford University Press.
Robert Olby & Marjorie Grene (1976). The Understanding of Nature. Essays in the Philosophy of Biology. Philosophical Quarterly 26 (103):192.
Citations of this work BETA
No citations found.
Similar books and articles
N. MacCormick (1998). Norms, Institutions, and Institutional Facts. Law and Philosophy 17 (3):301-345.
U. Schmill (2000). The Dynamic Order of Norms, Empowerment and Related Concepts. Law and Philosophy 19 (2):283-310.
Javier Vázquez-Salceda, Huib Aldewereld, Davide Grossi & Frank Dignum (2008). From Human Regulations to Regulated Software Agents' Behavior. Artificial Intelligence and Law 16 (1):73-87.
Derek Bolton (2008). What is Mental Disorder?: An Essay in Philosophy, Science, and Values. Oxford University Press.
Eugenio Bulygin (1992). On Norms of Competence. Law and Philosophy 11 (3):201 - 216.
Hans Lindahl (2011). Boundaries and the Concept of Legal Order. Jurisprudence 2 (1):73-97.
Marta Spranzi (2013). Clinical Ethics and Values: How Do Norms Evolve From Practice? [REVIEW] Medicine, Health Care and Philosophy 16 (1):93-103.
Edna Andrews & Elena Maksimova (2008). Semiospheric Transitions. Sign Systems Studies 36 (2):259-268.
Jennifer Hendry & Daniel Augenstein, The 'Fertile Dilemma of Law': Legal Integration and Legal Cultures in the European Union.
Onora O'Neill (2007). Normativity and Practical Judgement. Journal of Moral Philosophy 4 (3):393-405.
John Linarelli (2009). Analytical Jurisprudence and the Concept of Commercial Law. Penn State Law Review 114 (1):119-215.
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.
Sorry, there are not enough data points to plot this chart.
Added to index2010-09-02
Total downloads1 ( #440,654 of 1,101,562 )
Recent downloads (6 months)0
How can I increase my downloads?