1. NORM-MAKING IN SOCIAL EXCHANGE: A CONTRACT LAW MODEL.
- Author
-
Lempert, Richard
- Subjects
SOCIOLOGICAL jurisprudence ,CONTRACTS ,SOCIAL psychology ,INTERPERSONAL relations ,SOCIOLOGY ,LAW - Abstract
This paper is based on the proposition that law can also provide a clue to normative arrangements at the micro level since societies often codify rules which are common to inter- personal relationships and are especially likely to embody rules thought to have positive moral value in their legal codes. In this paper the author tries to do three things. First, the author points to deficiencies in the exchange theory model of interpersonal interaction which have not been elaborated on by recent critics. Second, the author develops a theory of "norm-making" which suggests a mechanism by which parties can attach social guarantees to highly particularized modes of inter- action. Third, the article draws on American contract law to specify the conditions which must be fulfilled if attempts by parties to introduce particularized norms into their relationship are to be successful. Contractual agreements are one kind of agreement in which parties endeavor to create norms which will govern their future relationship. The process of creating such norms, while analogous to the more widespread norm-making which occurs in informal social relationships, is in many ways different from what occurs at the informal level.
- Published
- 1972
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