Social conventions are those arbitrary rules and norms governing the countless behaviors all of us engage in every day without necessarily thinking about them, from shaking hands when greeting someone to driving on the right side of the road. In this book, Andrei Marmor offers a pathbreaking and comprehensive philosophical analysis of conventions and the roles they play in social life and practical reason, and in doing so challenges the dominant view of social conventions first laid out (...) by David Lewis. Marmor begins by giving a general account of the nature of conventions, explaining the differences between coordinative and constitutive conventions and between deep and surface conventions. He then applies this analysis to explain how conventions work in language, morality, and law. Marmor clearly demonstrates that many important semantic and pragmatic aspects of language assumed by many theorists to be conventional are in fact not, and that the role of conventions in the moral domain is surprisingly complex, playing mostly an auxiliary and supportive role. Importantly, he casts new light on the conventional foundations of law, arguing that the distinction between deep and surface conventions can be used to answer the prevalent objections to legal conventionalism. Social Conventions is a much-needed reappraisal of the nature of the rules that regulate virtually every aspect of human conduct. (shrink)

This article will compare and contrast two very different accounts of convention: the game-theoretical account of Lewis in Convention, and the account initially proposed by Margaret Gilbert (the present author) in chapter six of On Social Facts, and further elaborated here. Gilbert’s account is not a variant of Lewis’s. It was arrived at in part as the result of a detailed critique of Lewis’s account in relation to a central everyday concept of a social convention. (...) An account of convention need not be judged by that standard. Perhaps it reveals the nature of an important phenomenon. Looked at in that light, these very different accounts are not incompatible. Indeed, neither should be ignored if one is seeking to understand the way in which human beings arrive at some degree of social order. (shrink)

This essay argues that the practical reason approach to the study of social conventions (and social normativity more generally) fails to adequately account for the fluency of social action in environments that we experience as familiar. The practical reason approach, articulated most recently in Andrei Marmor’s Social Conventions: From Language to Law (2009) does help us, though not wholly adequately, to understand how we tend to react to, and experience, unfamiliar situations or unfamiliar behaviors, that is, (...) those situations in which a certain practice becomes problematic or is problematized, or where we are obliged to, or moved to, justify or deliberate. The reason why the practical reason approach is not wholly adequate when it comes to understanding unfamiliar situations or unfamiliar behaviors is that it tends to subsume the unfamiliar under the familiar, that is, it tends to negatively evaluate anything that is deemed to be not in accordance with the rules and reasons already familiar to the observer. This excludes the possibility of the observer having to transform himself or herself, and thus change what is familiar to him or her. (shrink)

This essay argues that the practical reason approach to the study of social conventions (and social normativity more generally) fails to adequately account for the fluency of social action in environments that we experience as familiar. The practical reason approach, articulated most recently in Andrei Marmor’s Social Conventions: From Language to Law (2009) does help us, though not wholly adequately, to understand how we tend to react to, and experience, unfamiliar situations or unfamiliar behaviors, that is, (...) those situations in which a certain practice becomes problematic or is problematized, or where we are obliged to, or moved to, justify or deliberate. The reason why the practical reason approach is not wholly adequate when it comes to understanding unfamiliar situations or unfamiliar behaviors is that it tends to subsume the unfamiliar under the familiar, that is, it tends to negatively evaluate anything that is deemed to be not in accordance with the rules and reasons already familiar to the observer. This excludes the possibility of the observer having to transform himself or herself, and thus change what is familiar to him or her. (shrink)

There has been an intellectual debate at least since the 1960s in business ethics on the role of the media in relation to consumer choice driven by either habits or rationality. If consumers are totally rational, then the global media and global corporations provide just information and knowledge. If consumers are influenced by habit then large corporations and global media can greatly influence consumer choice and create problems of self-control (Ainslie, 1992, Pico Economics: The Strategic Interaction of Successive Motivational States (...) Within the Person, Cambridge University press, Cambridge). In this article, we provide a synthesis and integrated approach to this continuing debate. We provide a more institutional approach to consumer choice based on social conventions, rather than just on individual habits and lapses in self-control. (shrink)

The assumptions of Kohlberg, Turiel and Shweder regarding the features of moral reasoning were compared empirically. The moral reasoning of Finnish Evangelical Lutheran, Conservative Laestadian and non‐religious adolescents was studied using Kohlberg’s Moral Judgment Interview and Turiel Rule Transgression Interview methods. Religiosity and choice in moral dilemmas (orientation) were related to the structural stages of reasoning. The choice in moral dilemmas was related to the distinction between morality and social convention as separate domains. Religious participants made no distinction (...) between morality and social convention, and their conception of morality was dependent on religious authorities. The implications of the results for moral education in schools are briefly discussed. (shrink)

In this study, we examined the role of culture on early adolescents’ social reasoning about peer exclusion. A total of 80 U.S. and 149 Taiwanese early adolescents independently completed a social reasoning essay about peer exclusion. Analyses of the essays based on social-moral theories showed that U.S. students tended to reason about peer exclusion based on social conventional thinking whereas Taiwanese students were more attentive to personal and moral issues. Despite this difference, both groups of students (...) referred to some common social-moral concepts while reasoning about peer exclusion, including consideration of personal benefit, harming others’ welfare, personal concern, and punishment. The use of social reasoning strategies was similar across the two groups of students except that Taiwanese students relied more on judgment whereas U.S. students generated more alternative hypotheses. (shrink)

A few decades ago, only isolated groups of philosophers counted the phenomenon of normativity as one of their principal interests. Rules and norms have always, of course, been in the purview of moral philosophers, who often took them as exceedingly abstract entities, if not directly metaphysical. Philosophers from the border territories of philosophy and social sciences, on the other hand, were interested in more concrete norms, namely those that emerge and survive within human societies. Philosophers of law stood between (...) these two extremes, studying law as a matter of socially instituted norms which, however, might be seen as a projection of something more esoteric. The research programs of these groups of philosophers had little overlap. And for philosophers of mind, of language, or of science (with the exception of a few philosophers of social sciences, such as Peter Winch), norms were at most only of marginal interest. This situation has changed hugely over recent decades. I think the catalyst was the interest in rules and norms within the philosophy of language, which was kindled by the ongoing reception of the later Wittgenstein. Other philosophers, like Michael Dummett and Wilfrid Sellars, also deserve part of the credit. Via philosophy of language, interest in norms invaded sections of philosophy of mind, too, and the previously isolated studies of various types of norms slowly became interconnected, if not directly integrated. No wonder that more and more general studies of the nature of rules and norms are now reaching the light of day. Andrei Marmor's Social Conventions is one of the most recent contributions. Marmor sees a social convention as a specific kind of norm characterized especially by its arbitrariness. More precisely, a rule is conventional, according to the author, iff (i) some people follow it; (ii) they have a reason to follow it; and (iii) there is an alternative rule that they could have followed for the same reason. The point of departure for Marmor's analysis is David Lewis's theory of convention F1F, which, however, he considers too narrow and hence extends it considerably. Lewis's idea is that norms result from certain spontaneous processes by which society reacts to coordination problems.. (shrink)

This essay claims that a rupture between two languages permeates human rights discourse in contemporary Anglo-American legal thought. Human rights law is no exception. The one language is written in the sense that a signifying relation inscribed by institutional authors represents concepts. Theories of law have shared such a preoccupation with concepts. Legal rules, doctrines, principles, rights and duties exemplify legal concepts. One is mindful of the dominant tradition of Anglo-American conceptual jurisprudence in this regard. Words have been thought to (...) copy ready-made concepts. Acts of intellectualisation and the accompanying analytic technique have excluded a consideration of a very different sense of legal language. The second sense of a language concentrates upon unwritten acts of meaning which lack a discrete and assignable author. This essay aims to unconceal the importance of an unauthored language. Drawing from Edmund Husserl’s early writings, particularly his Logical Investigations, I shall argue that an unwritten language embodies the written language with acts of meaning. An act of meaning confers one’s experiential body into the content of a concept signified in a written language. In order to understand the importance of such pre-legal acts of meaning in human rights laws, I begin by outlining how universal human rights have been signified as universal by virtue of their content-independence. I then raise the problem of the exclusion of social-cultural phenomena as elements of human rights laws. The clue to this exclusionary character of human rights law rests in the analytic leap from an unwritten to a written legal language. The essay then addresses the effort to link legality with the social world: namely, the effort of grounding legality in a social convention. I examine how a social convention itself is conceptualized, leaving the remainder of acts of meaning. This failure of social conventions to access social-cultural phenomena encourages me to turn to acts of meaning as such acts were understood by Edmund Husserl in his earlier works. Meaning-constituting acts exist prior to intuitions and prior to social conventions. This priority exists analytically as well as phenomenologically. In order to exemplify this prior character of acts of meaning, I retrieve Antigone’s experiential knowledge in Sophocles’ Antigone. Antigone’s unwritten laws are characterized by an absence of mediating concepts. I then identify several elements of an act of meaning in an unwritten language: the experiential body as the source of the acts of meaning, praeiudicia (prejudgements), collective memories, the act character of meaning, and the act of interpretation of social behaviour. My final section raises the prospect of whether human rights can be considered universal if acts of meaning are that important in the identity of a law. (shrink)

I will argue that social ontology is constituted as hierarchical and interlocking conventions of multifarious kinds. Convention, in turn, is modeled in a manner derived from that of David K. Lewis. Convention is usually held to be inadequate for models of social ontologies, with one primary reason being that there seems to be no place for normativity. I argue that two related changes are required in the basic modeling framework in order to address this (and other) (...) issue(s): (1) a shift to an intentional model—among other reasons, in order to account for normativity—and (2) moving away from the belief-desire, propositional attitude, framework for understanding the intentional realm toward an interactive, pragmatic model of intentionality. These shifts provide natural approaches to: (1) understanding the normativities of social realities; (2) the sense in which social ontology is often constituted in implicit relations among the participants rather than elaborated and iterated explicit beliefs and desires; (3) and language. (shrink)

Children are not simply molded by the environment; through constant inference and interpretation, they actively shape their own social world. This book is about that process. Elliot Turiel's work focuses on the development of moral judgment in children and adolescents and, more generally, on their evolving understanding of the conventions of social systems. His research suggests that social judgements are ordered, systematic, subtly discriminative, and related to behavior. His theory of the ways in which children generate (...) class='Hi'>social knowledge through their social experiences will be of interest to a wide range of researchers and students in child development and education. (shrink)

The paper focuses on the issue of compatibility of social institution and convention. At first, it introduces the modest account of conventionality building on five distinctive features – interdependence, arbitrariness, mind-independence, spontaneity, and normative-neutrality – which constitute conventional behaviour, then it presents the two major theories of social institutions that explain them in terms of rules, or equilibria. The argument is that conventions cover a wide-ranging area and cannot be identified with the category of institutions because it (...) would be too restrictive and contradictory to the initial modest account. (shrink)

This third edition book offers a paradigm shift in thinking (from binary to complex) and enables visibility for the intersectionality of multiple identities that range from privileged to oppressed. For example, real people’s heterogeneous racial identities within the same racial group are visible. A paradigm shift in learning (from conceptual to transformative) connects conceptual learning (cognition) to their experience (affect). “.... transformation does not simply emerge due to the individual’s awareness.... but is experienced” (Benetka & Joerchel, 2016, p. 22). Uncensored (...) first-person (subjective) written responses to specific questions to access unconscious and implicit bias will connect the writer’s experience to conceptual learning of diversity, equity, and inclusion. Writing in third person (objective) interrupts the transformative aspect by bypassing the accessibility of inner experience. Writing in first-person connects the writer to their experience which allows the unconscious to be accessed if it is practiced on a regular basis. This book is for everyone who wants to implement diversity, equity, and inclusion measures by learning to access their unconscious bias. Understanding social justice and equity and good intentions alone do not lead to accessing unconscious bias. (shrink)

This essay examines views of convention advanced by David Lewis and Margaret Gilbert.

_ Convention_ was immediately recognized as a major contribution to the subject and its significance has remained undiminished since its first publication in 1969. Lewis analyzes social conventions as regularities in the resolution of recurring coordination problems-situations characterized by interdependent decision processes in which common interests are at stake. Conventions are contrasted with other kinds of regularity, and conventions governing systems of communication are given special attention.

Socially responsible investment is a rapidly emerging phenomenon within the field of personal investment. However, the factors that lead investors to choose socially responsible investment products are not well understood, especially in an Australian context. This study provides a comparative examination of conventional and socially responsible investors, with the aim of identifying such factors. A total of 55 conventional investors and 54 ethical investors participated in the study by completing mailed questionnaires about their investment and general behaviour and their attitudes (...) and beliefs. Results indicated some important differences between socially responsible and conventional investors in their beliefs of the importance of ethical issues, their investment decision-making style, and their perceptions of moral intensity. These results support the notion that socially responsible investors differ in critical ways to conventional investors, and are discussed in terms of theoretical and practical implications. (shrink)

The paper begins by providing a game-theoretic reconstruction of Gilbert’s (1989) philosophical critique of Lewis (1969) on the role of salience in selecting conventions. Gilbert’s insight is reformulated thus: Nash equilibrium is insufficiently powerful as a solution concept to rationalize conventions for unboundedly rational agents if conventions are solutions to the kinds of games Lewis supposes. Both refinements to NE and appeals to bounded rationality can plug this gap, but lack generality. As Binmore (this issue) argues, evolutive game theory readily (...) explains the origin of conventional behavior, but that is not Lewis’s project. Gilbert’s critique is generalized by reference to Bacharach’s (2006) work on team reasoning in games. The paper then argues that although Lewis’s account of the rationalization of conventions is shown by the reconstruction of Gilbert’s critique to be incomplete, Gilbert is wrong to conclude that classical (‘eductive’) game theory lacks the resources to explain conformity to conventions among people. A game-theoretic account of the dynamics of socialization, based on Ross’s (2005, 2006) idea of ‘game determination’, rationalizes choices of conventional strategies in overlapping generations contexts, provided agents are products of evolutionary selection and know that other players are also such products. (shrink)

A venerable tradition in philosophy sees significance in the fact that, from a subjective viewpoint, some rules seem to impress themselves upon us with a distinctive kind of authority or normative force: one feels their pull and is drawn to act in accordance with such rules unconditionally, and violations strike one as egregious. Though the first person experience of it can be mystifying, I believe this phenomenology is just one aspect of the operation of a psychological system crucial to morality. (...) Building on previous work, I’ll call this property of certain rules independent normativity. After describing that property, I situate it with respect to earlier work done on the so-called moral/conventional distinction, and suggest new questions it raises about morality and emotion. Sripada and Stich (2006) posit a model of the cognitive architecture underlying an important element of human rule cognition.1 Following them, I’ll call this the norm system, and the rules cognized by it social norms. One feature of this system is that it imputes those rules it processes with independent normativity. Understood this way, those rules that enjoy independent normativity do so not in virtue of any particular content, but because the mental representations that express them occupy a certain functional role in human minds (that I’ll call SN-functional role). (shrink)

The analysis of how social conventions emerge and become established is rightly viewed as a significant study of great relevance to models of legal and social systems. Such conventions, however, do not operate in a monotonic fashion, i.e. the fact that a convention is recognised and complied with at some instant is no guarantee it will continue to be so indefinitely. In total rules and protocols may evolve, with or without the consent of individual members of the (...) society, even to the extent that some cease to be observed or effective. In this paper we examine a framework for examining such changes in behavioural conventions that uses a proposed “taxonomy of social conventions” as the basis of a qualitative model deriving from value-based argument systems. (shrink)

Among anthropologists and sociologists, it is widely believed that moral rules are best understood as a type of social norm. Moral philosophers, however, have largely been hostile to this suggestion. In recent years, the impulse to distinguish moral rules from others types of social norm has received what many take to be empirical support from the work of Elliot Turiel and his collaborators, who have argued that there are two distinct “domains” of social cognition, the “moral” and (...) the “conventional.” Many philosophers have taken this as proof that moral rules are fundamentally different from “conventional” social norms. I argue that moral philosophers should not be relying upon Turiel’s view to defend the moral/conventional distinction. First, I show that Turiel is claiming much less than many have taken him to be claiming, because he puts a lot of what philosophers have traditionally thought of as “morality” on the side of convention, or else in the broad region between the two that he refers to as “multidimensional contexts.” Second, I argue that his concept of the “conventional” is so narrow that the overwhelming majority of social norms – such as the standard rules of etiquette – wind up falling into the “multidimensional” category. This stems from his failure to distinguish between genuine conventions and what I refer to as “norms with conventional elements.”. (shrink)

Conventions are regularities in social behaviour of the past that enable us to coordinate our actions. Some conventions are lawlike: they are expected to be observed always or nearly always. However, in order to coordinate our actions, it may suffice that a precedent has occurred often enough, and sometimes even a single precedent will do. So, in general, conventions merely enable us to solve our coordination problems; lawlike conventions are a special case. Grammatical conventions are often lawlike; sense conventions (...) are typically enabling. In order to resolve the indeterminacies that sense conventions give rise to, interlocutors must rely on the common ground. In this and other ways, common ground is a prerequisite for convention‐based communication. (shrink)

Two of the most fundamental questions about language are these: what are languages?; and, what is it to know a given language? Many philosophers who have reflected on these questions have presented answers that attribute a central role to conventions. In one of its boldest forms such a view runs as follows. Languages are either social entities constituted by networks of social conventions or abstract objects where when a particular community speaks a given language they do so in (...) virtue of the conventions operative within that community. Consequently, for an individual to know a given language is for them to be party to the relevant conventions. Call this view conventionalism. In this article my aim is to evaluate conventionalism. I will argue that although there are linguistic conventions and that they do play an important role in language development and communication conventionalism should be rejected in favour of a more psychologistically orientated position. (shrink)

To depict the mechanisms that have enabled the emergence of semantic conventions, philosophers and researchers particularly access a game-theoretic model: the signaling game. In this article I argue that this model is also quite appropriate to analyze not only the emergence of a semantic convention, but also its change. I delineate how the application of signaling games helps to reproduce and depict mechanisms of semantic change. For that purpose I present a model that combines a signaling game with innovative (...) reinforcement learning; in simulation runs I conduct this game repeatedly within a multi-agent setup, where agents are arranged in social network structures. The results of these runs are contrasted with an attested theory from sociolinguistics: the ‘weak tie’ theory. Analyses of the produced data target a deeper understanding of the role of environmental variables for the promotion of semantic change or solidity of semantic conventions. (shrink)

With the publication of the final report of the WHO Commission on the Social Determinants of Health, it becomes clear that there is considerable convergence between a policy agenda rooted on social epidemiology and one rooted in a concern for human rights. As commentators like Jonathan Mann have argued, concern for human rights and the achievement of social justice can inform and improve public health. In this article, we ask a different question: what does a health perspective (...) adds to the enduring fight for a more just world? We consider three possibilities: (1) that public health, in an inversion of Mann's argument, actually provides useful tools for specifying social injustice; (2) that, contrary to the usual critical stance and assumption of weakness, the institutions of public health bring powerful capacities to the practical promotion of social justice; and (3) that health as a banner mobilizes people who would not be mobilized to act in the name of social justice. (shrink)

The question whether and in what way languages and language use involve convention is addressed, With special reference to David Lewis's account of convention in general. Data are presented which show that Lewis has not captured the sense of 'convention' involved when we speak of adopting a linguistic convention. He has, In effect, attempted an account of social conventions. An alternative account of social convention and an account of linguistic convention are sketched.

In this paper, I address the significance of the key notions of coordination, constitution and convention. My aim in so doing is to provide a better understanding of their relation to conventionalism and to evaluate the prospects for a version of the relativized a priori based on a refinement of the notion of coordination. I stress the Kantian roots of all three concepts. Moreover, I argue that the link between the early logical positivist requirement for the uniqueness of coordination (...) and the Kantian account of empirical objectivity provides an interpretive key that sheds light on the alleged incompatibility between constitutive principles and conventionalism. (shrink)

How should we assess the social structures that govern human conduct and settle whether we are bound by their rules? One approach is to ask whether those social arrangements reflect pre-conventional facts about our nature. If they do, compliance will serve our interests because these rules are not just conventions. Another approach is to ask whether following a convention has desirable consequences. For example, the rule which makes the dollar bill legal tender is a convention and (...) the great usefulness of having a medium of exchange ensures that we should follow that convention by accepting paper money in return for things of real value. This work argues that being bound by a convention can also be valuable for its own sake. People need meaning in their lives and conventions infuse acts and attitudes with normative significance, rendering them right or wrong, appropriate or inappropriate, required or forbidden. Such rules bind us not just in virtue of their usefulness but also because their absence would impoverish our social world. Appreciating this point is essential to a proper understanding of our cultures of neighbourliness and hospitality, family structures, systems of property rights, conventions around speech, the norms governing how we deport ourselves in public, and even the rules of a game. (shrink)

Empirical studies, which analyze the performance of socially responsible investment (SRI) funds relative to conventional funds, find contradictory results. The aim of this paper is to investigate, with the help of a meta-analysis, how selected primary study characteristics influence the probability of a significant under- or outperformance of SRI funds compared with conventional funds. 25 studies with more than 500 observations are included in the meta-analysis. The results of this paper suggest that the consideration of the survivorship bias in a (...) study increases (decreases) the probability of a significant outperformance (underperformance) of SRI funds relative to conventional funds. The focus on United States (US) SRI funds increases (decreases) the probability of a significant outperformance (underperformance) too. The time period influences the probability of a significant under- and outperformance of SRI funds as well, but based on the results of this paper, it is not possible to draw general conclusions on this variable. (shrink)

The author defends the ancient claim that justice is at bottom a body of social conventions. Recent analytical and empirical concepts and results from the social sciences together with insights and arguments of past masters of moral and political philosophy are integrated into a new game-theoretic conventionalist analysis of justice.

In this paper, a model of norms as cognitive objects is applied to establish connections between social conventions and prescriptions. Relevant literature on this issue, especially found in AI and the social sciences, will be shown to suffer from a dychotomic view: a conventionalistic view proposed by rationality and AI scientists; and a prescriptive view proposed by some philosophers of law (Kelsen 1934/1979, Hart 1961, Ross, 1958).In the present work, the attempt is made to fill the gap between (...) these views by putting forward a hypothesis concerning the process from perceived behavioural regularities to normative assumptions. The emergence of norms will be here seen as intrinsically intertwined with the emergence of normative beliefs. Unlike that assumed by the conventionalistic sight, the process of emergence is seen as a non-continuous phenomenon. A given behavioural regularity will be argued to give rise to a normative belief if and as long as that regularity is believed to be prescribed within the community. Two corollaries of this hypothesis will be examined: (1) unlike that implied by the conventionalistic view, the spreading of norms is not only due to a passive behavioural social influence (imitation) but also to an active cognitive one (the spreading of normative wants and beliefs); (2) unlike that assumed by the prescriptive view, a norm is not necessarily explicitly and deliberately issued by some normative authority, but is grounded upon the norm-addressees' beliefs that they are generally prescribed to comply with it. (shrink)

My argument will proceed as follows. I will first sketch out the broad internalist case for pitching its normative account of sport in the abstract manner that following Dworkin’s lead in the philosophy of law its adherents insist upon. I will next show that the normative deficiencies in social conventions broad internalists uncover are indeed telling but misplaced since they hold only for what David Lewis famously called ‘coordinating’ conventions. I will then distinguish coordinating conventions from deep ones and (...) make my case not only for the normative salience of deep conventions but for their normative superiority over the abstract normative principles broad internalists champion. (shrink)

As far as we are aware, this study presents the first comparative analysis of the stock picking and market timing abilities of managers of conventional and socially responsible (SR) pension funds, and of their use of superior information. For the United Kingdom, the results obtained show a slight stock picking ability on the part of SR pension fund managers (although it disappears if multifactorial models are considered), and a negative market timing ability on the part of both SR and conventional (...) pension fund managers (these results hold for multifactorial models controlled by home bias). In relation to the management styles, both conventional and SR pension funds usually invest in small cap and growth values, although it is the SR pension funds that are the most exposed to these styles. We also observed that, while conventional pension fund managers make certain use of superior information to follow stock picking strategies, managers of SR pension funds use superior information to follow market timing strategies. (shrink)