Constitutive Conventions

Andrei Marmor

in Positive Law and Objective Values

Published in print May 2001 | ISBN: 9780198268970
Published online January 2010 | e-ISBN: 9780191713187 | DOI:
Constitutive Conventions

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This chapter suggests a distinction between two main kinds of social conventions, coordination and constitutive, arguing that the latter kind is far more important for the explication of the conventional foundations of law. The fact that law is largely founded on constitutive conventions also explains why the law is partly, and in a very limited way, an autonomous social practice. Two questions are addressed in this chapter: whether there are rules of recognition, along the lines suggested by H. L. A. Hart; and the age-old issue of the autonomy of law. The chapter shows how these two issues are closely related, with social conventions holding these two themes tightly knit in one coil.

Keywords: constitutive conventions; coordination; autonomy; rules of recognition; H. L. A. Hart; social conventions

Chapter.  11888 words. 

Subjects: Jurisprudence and Philosophy of Law

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