Cambridge Studies in Philosophy and Law: Norms in a Wired World

Social order is regulated from above by the law but its foundation is built on norms and customs, informal social practices that enable people to make meaningful and productive uses of their time and resources. Despite the importance of these practices in keeping the social fabric together, very little of the jurisprudential literature has focused on a discussion of these norms and customs. In Social Norms in a Wired World Steven Hetcher argues that the traditional conception of norms as rule-like linguistic entities is erroneous. Instead, norms must be understood as patterns of rationally governed behaviour maintained in groups by acts of conformity. Using informal game theory in the analysis of norms and customs, Hetcher applies his theory of norms to tort law and Internet privacy laws. This book will appeal to students and professionals in law, philosophy, and political and social theory.

Acknowledgements; Introduction; Part I. The Pattern Conception of Norms: 1. Rule conception versus pattern conception; 2. Rational norms; 3. Norm utilitarianism; 4. Emergent moral norms; 5. Critical moral norms; Part II. Negligent Norms: 6. The traditional rule of custom; 7. The evidentiary rule of custom; 8. A world of dangerous norms and customs; 9. Regulating the rule of custom to create safe social norms; 10. Juror norms and the reasonable person standard; 11. Rejection of the dominant paradigm of negligence; Part III. Cyberspace Privacy Norms: 12. Harmful online personal data practices; 13. The emergence of online privacy entitlements; 14. Website privacy respect: real and feigned; Conclusion; Notes; Index.