Norms, institutions, and institutional facts

Law and Philosophy 17 (3):301-345 (1998)

Norms explained as grounds of practical judgment, using example of queue. Some norms informal, inexact, depend on common understanding ; some articulated in context of two-tier normative order: `rules', explicit or implicit. Logical structure of rules displayed. Informal and formal normative order explained, `institutional facts ' depend on acts and events interpreted in the light of normative order. Practical force of rules differentiated; either `absolute application' or `strict application' or `discretionary application', depending on second-tier empowerment. Discretion can be guided by values, principles standards. Pervasiveness of institutions and institutional facts, especially but not only in relation to institutions of state-law, including constitution and state-institutions. Searle's and Ruiter's theories of institution, institutional fact, considered: `constitutive rule' rejected in favour of `underlying principle', structure of `institutive, consequential and terminative' rules explained and defended. Ruiter's conception of `institutional `régime' considered and adopted, validity of norms and normative `régimes' considered and differentiated from truth of statements of institutional fact
Keywords norms  queues  conventions  rules  informal and formal normative order  institutional facts  practical force  values  principles  standards  institutions of state-law  constitution  Searle  Ruiter  ‘constitutive rule’  ‘underlying principle’  validity  truth
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DOI 10.2307/3504883
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Institutions and Social Structures1.Steve Fleetwood - 2008 - Journal for the Theory of Social Behaviour 38 (3):241-265.
Conceptualizing Institutions.Corrado Roversi - 2014 - Phenomenology and the Cognitive Sciences 13 (1):201-215.
Patents and Human Rights: A Heterodox Analysis.E. Richard Gold - 2013 - Journal of Law, Medicine and Ethics 41 (1):185-198.
How Reflective and Critical Norm-Usage Paves the Way to the Public Power of Judgement.Karolina M. Cern - forthcoming - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique.

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