David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Law and Philosophy 17 (3):271-299 (1998)
In order to account for the mode of existence of social rules and norms, the author develops a theory of the emergence of institutional facts. Just as other kinds of institutional fact, rules and norms are meanings. Therefore, insight into the emergence of social rules and norms can be achieved by studying the recognition and the communication of meanings. Following accounts of meaning and factuality, institutional facts are characterized as unquestionable shared typifications. It is argued that, in becoming an institutional fact, a typification goes through two phases. First, it becomes a social habit. Second, this habit turns into an obligation by being objectified.
|Keywords||legal theory institutional facts legal validity sociology of knowledge|
|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
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Marc Schneiberg & Elisabeth S. Clemens (2006). The Typical Tools for the Job: Research Strategies in Institutional Analysis. Sociological Theory 24 (3):195 - 227.
J. P. Smit, Filip Buekens & Stan du Plessis (2011). What is Money? An Alternative to Searle's Institutional Facts. Economics and Philosophy 27 (1):1-22.
F. Buekens & M. Boudry (2012). Psychoanalytic Facts as Unintended Institutional Facts. Philosophy of the Social Sciences 42 (2):239-269.
Anne van Aaken (2002). Deliberative Institutional Economics, or Does Homo Oeconomicus Argue?: A Proposal for Combining New Institutional Economics with Discourse Theory. Philosophy and Social Criticism 28 (4):361-394.
John R. Searle (2009). Making the Social World: The Structure of Human Civilization. Oxford University Press.
Garrath Williams (2011). 'Intelligible Facts':Toward a Constructivist Account of Action and Responsibility. In Sorin Baiasu, Sami Pihlstrom & Howard Williams (eds.), Politics and Metaphysics in Kant. University of Wales Press.
Emma Tieffenbach (2010). Searle and Menger on Money. Philosophy of the Social Sciences 40 (2):191-212.
Marcel Scheele (2006). Social Norms in Artefact Use. Techne 10 (1):53-65.
Andrei Marmor (2011). The Dilemma of Authority. Jurisprudence 2 (1):121-141.
N. MacCormick (1998). Norms, Institutions, and Institutional Facts. Law and Philosophy 17 (3):301-345.
Added to index2009-01-28
Total downloads11 ( #146,442 of 1,139,956 )
Recent downloads (6 months)2 ( #96,101 of 1,139,956 )
How can I increase my downloads?