'Norms' are
sentences or sentence
meanings with practical, i. e. action-oriented (rather than descriptive, explanatory, or expressive) import, the most common of which are
commands,
permissions, and prohibitions. Another popular account of norms describes them as
reasons to
act,
believe or
feel.
Some kinds of norms
Orders and permissions express norms. Such norm sentences do not
describe how the
world is, they rather
prescribe how the world should be.
Imperative sentences are the most obvious way to express norms, but declarative sentences also do it very often, as is the case with many
laws. Generally, whether an expression is a norm does not depend on its form, on the type of sentence it is expressed with, but only on the meaning of the expression.
Those norms purporting to create
obligations (or
duties) and
permissions are called ''
deontic norms'' (see also
deontic logic). The concept of deontic norm is already an extension of a previous concept of norm, which would only include imperatives, that is, norms purporting to create duties. The understanding that permissions are norms in the same way was an important step in
ethics and
philosophy of law.
In addition to deontic norms, many other varieties have been identified. For instance, some
constitutions establish the
national anthem. These norms do not directly create any duty or permission. They create a "
national symbol". Other norms create
nations themselves or
political and
administrative regions within a nation. The action orientation of such norms is less obvious than in the case of a command or permission, but is essential for understanding the relevance of issuing such norms: When a folk song becomes a "national anthem" the meaning of singing one and the same song changes; likewise, when a piece of land becomes an administrative region, this has legal consequences for many activities taking place on that territory; and without these consequences concerning action, the norms would be irrelevant. A more obviously action-oriented variety of such ''constitutive norms'' (as opposed to deontic or ''regulatory norms'') establishes social institutions which give rise to new, previously inexistent types of actions or activities (a standard example is the institution of marriage without which "getting married" would not be a feasible action; another are the rules constituting a game: without the norms of soccer, there would not exist such an action as executing an
indirect free kick).
Any
convention can create a norm, although the relation between both is not settled.
There is a significant discussion about (legal) norms that give someone the
power to create other norms. They are called ''power-conferring norms'' or ''norms of competence''. Some authors argue that they are still deontic norms, while others argue for a close connection between them and
institutional facts (see Raz 1975, Ruiter 1993).
Linguistic conventions, for example, the convention in
English that "cat" means cat or the convention in
Portuguese that "gato" means cat, are among the most important norms.
Games completely depend on norms. The fundamental norm of many games is the norm establishing who wins and loses. In other games, it is the norm establishing how to score points.
Major characteristics
One major characteristic of norms is that, unlike
propositions, they are not descriptively
true or false, since norms do not purport to describe anything, but to prescribe, create or change something. Some people say they are "prescriptively true" or false. Whereas the truth of a descriptive statement is purportedly based on its
correspondence to
reality, some philosophers, beginning with
Aristotle, assert that the (prescriptive) truth of a prescriptive statement is based on its correspondence to right
desire. Other philosophers maintain that norms are ultimately neither true or false, but only successful or unsuccessful (valid or invalid), as their
propositional content obtains or not (see also
John Searle and
speech act).
There is an important difference between ''norms'' and ''normative propositions'', although they are often expressed by identical sentences. "You may go out." usually expresses a norm if it is uttered by the teacher to one of the students, but it usually expresses a normative proposition if it is uttered to one of the students by one of his or her classmates. Some ethical theories reject that there can be normative propositions, but these are accepted by
cognitivism. One can also think of propositional norms;
assertions and
questions arguably express propositional norms (they set a proposition as asserted or questioned).
Another purported feature of norms, it is often argued, is that they never regard only natural
properties or
entities. Norms always bring something artificial,
conventional,
institutional or "unworldly". This might be related to
Hume's assertion that it is not possible to
derive ought from is and to
G.E. Moore's claim that there is a
naturalistic fallacy when one tries to analyse "good" and "bad" in terms of a natural
concept. In
aesthetics, it has also been argued that it is impossible to derive an aesthetical
predicate from a non-aesthetical one. The acceptability of
non-natural properties, however, is strongly debated in present day philosophy. Some authors deny their
existence, some others try to
reduce them to natural ones, on which the former
supervene.
Other thinkers (Adler, 1986) assert that norms can be
natural in a different sense than that of "corresponding to something proceeding from the object of the prescription as a strictly internal source of action". Rather, those who assert the existence of natural prescriptions say norms can suit a natural ''need'' on the part of the prescribed entity. More to the point, however, is the putting forward of the notion that just as descriptive statements being considered true are conditioned upon certain
self-evident descriptive truths suiting the nature of reality (such as: it is impossible for the same thing to be and not be at the same time and in the same manner), a prescriptive truth can suit the nature of the will through the authority of it being based upon
self-evident prescriptive truths (such as: one ought to desire what is really good for one and nothing else).
Recent works maintain that normativity has an important role in several different philosophical subjects, not only in ethics and philosophy of law (see Dancy, 2000).
Do norms exist?
The question whether norms actually
exist might arguably have the same answer as the question whether
propositions exist.
Norms without expression
It is discussed whether there can be norms (or valid norms) which are not (yet) expressed in any way. Suppose someone decides to go to bed always before 5 a.m., but she does not say it. She just decides in her thoughts. It seems that she has just set a norm for herself.
Or suppose that a
French court rules that it is unlawful to build a high wall in one's
property with the ''sole'' purpose of casting a shadow on my neighbor's property, since that
causes a damage and ''it is unlawful, in principle, to cause damages to other people''. This court seems to be enforcing a general principle, a norm, the norm that it is unlawful, in principle, to cause damages. The problem is that this norm is not written anywhere in French laws and it cannot easily be grounded on a practice or
custom. Should it be accepted as a valid norm?
See also
★
Deontic logic
★
Deontology
★
Law (principle)
★
Meta-ethics
★
Norm (sociology)
★
Normative
★
Normative ethics
★
Philosophy of law
★
Principle
★
Law
★
Speech act
Further reading
★
Adler, Mortimer (1985), ''Ten Philosophical Mistakes'', MacMillan, New York.
★
Alexy, Robert, ''Theorie der Grundrechte'', Suhrkamp, Frankfurt a. M.: 1985. Translation: ''A theory of constitutional rights'', Oxford University Press, Oxford: 2002.
★
Dancy, Jonathan (ed), ''Normativity'', Blackwell, Oxford: 2000.
★
Korsgaard, Christine, ''The sources of normativity'', Cambridge University, Cambridge: 2000.
★
Raz, Joseph, ''Practical reason and norms'', Oxford University, Oxford: 1975.
★ Rosen, Bernard, ''The centrality of normative ethical theory'', Peter Lang, New York: 1999.
★ Ruiter, Dick, ''Institutional legal facts. Legal powers and their effects'', Kluwer, Dordrecht: 1993.
★ Garzón Valdés, Ernesto et al. (eds) ''Normative systems in legal and moral theory. Festschrift for Carlos E. Alchourrón and Eugenio Bulygin'', Duncker & Humblot, Berlin: 1997
★
von Wright, G. H., ''Norm and action. A logical enquiry'', Routledge & Kegan Paul, London: 1963.