Studying Law in Society: Static and Dynamic Conceptions of Social Norms

Abstract

This issue of Erasmus Law Review explores the relation between law and society by investigating different conceptions of social norms. Different conceptions of social norms may inform how one views or understands the relation between law and society and hence influences the conclusions you make as a scholar. The conceptual continuum between static and dynamic conceptions of social norms can be utilised to reflect on one’s own understanding of social norms. The contributions to this issue can be read as illustrations of particular conceptions of social norms. We would consider Yuan and Pei’s contributions to belong to the static side of our continuum. Yuan’s contribution uses economic theories to explore how transnational norms develop in business law, while Pei investigates how generally held beliefs on litigation have taken form in the Chinese criminal justice system. Müller’s contribution, on the other hand, relies on a dynamic conception of social norms to examine the differences in policing of indigenous and immigrant youth.