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[[H.L.A._Hart|H.L.A. Hart's]] [[Rule of Recognition]] and [[Practice Theory of Social Rules]]
[[H.L.A._Hart|H.L.A. Hart's]] [[Rule of Recognition]] and [[Practice Theory of Social Rules]]


[[David Kellogg Lewis|David Kellogg Lewis's]] description of how [[convention (norm)|convention]]s arise from [[Convention: A Philosophical Study]] (explained by [[Andrei Marmor]]):
In [[Convention: A Philosophical Study]], [[David Kellogg Lewis|David Kellogg Lewis's]] described [[convention (norm)|convention]]s (as explained by [[Andrei Marmor]]):

{{cquote2|Standard instances of conventions are not agreements, rather they are practical (pragmatic) solutions to recurrent coordination problems. }}
{{cquote2|Standard instances of conventions are not agreements, rather they are practical (pragmatic) solutions to recurrent coordination problems. }}

A typical coordination problem arises, according to Lewis, when:
A typical coordination problem arises, according to Lewis, when:
{{cquote2|Several agents have a particular structure of preferences with respect to their mutual modes of conduct, namely that between several alternatives of conduct open to them in a given set of circumstances, each and every agent has a stronger preference to act as the other agents will, than his own preference for acting upon any one of the particular alternatives.
{{cquote2|Several agents have a particular structure of preferences with respect to their mutual modes of conduct, namely that between several alternatives of conduct open to them '''in a given set of circumstances, each and every agent has a stronger preference to act as the other agents will, than his own preference for acting upon any one of the particular alternatives.'''


Most coordination problems are easily solved by simple agreements between the agents to act upon one, arbitrary chosen alternative, thus securing uniformity of action among them.
Most coordination problems are easily solved by simple agreements between the agents to act upon one, arbitrary chosen alternative, thus securing uniformity of action among them.

However, when a particular coordination problem is recurrent, and agreement is difficult to obtain, (mostly because of the large number of agents involved), a social rule is very likely to emerge, and this rule is a convention.|Coleman|<u>Hart's Postscript</u> (p. 200)}}
However, when a particular coordination problem is recurrent, and agreement is difficult to obtain, (mostly because of the large number of agents involved), a social rule is very likely to emerge, and this rule is a convention.|Coleman|<u>Hart's Postscript</u> (p. 200)}}



Revision as of 13:22, 5 June 2007

Case Law

Riggs v. Palmer

Criminal Law

Malum in se

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Robert Alton Harris: People v. Harris, 623 P.2d 240

Laci & Conner's Law [1]

Property Law

Judging the Cuckoo
Give the League their ball back
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Positivism

John Austin's Legal Positivism

Jeremy Bentham's Panopticon

H.L.A. Hart's Rule of Recognition and Practice Theory of Social Rules

In Convention: A Philosophical Study, David Kellogg Lewis's described conventions (as explained by Andrei Marmor):

Standard instances of conventions are not agreements, rather they are practical (pragmatic) solutions to recurrent coordination problems.

A typical coordination problem arises, according to Lewis, when:

Several agents have a particular structure of preferences with respect to their mutual modes of conduct, namely that between several alternatives of conduct open to them in a given set of circumstances, each and every agent has a stronger preference to act as the other agents will, than his own preference for acting upon any one of the particular alternatives.

Most coordination problems are easily solved by simple agreements between the agents to act upon one, arbitrary chosen alternative, thus securing uniformity of action among them.

However, when a particular coordination problem is recurrent, and agreement is difficult to obtain, (mostly because of the large number of agents involved), a social rule is very likely to emerge, and this rule is a convention.

— Coleman, Hart's Postscript (p. 200)

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