Normativity in the context of "Legal norm"

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⭐ Core Definition: Normativity

Normativity concerns the standards of what people ought to do, believe, or value. It is a quality of rules, judgments, or concepts that prescribe how things should be or what individuals may, must, or must not do. Normative claims express what ought to be the case, such as "you should not smoke". They contrast with descriptive claims about what is the case, such as "you smoked yesterday". Normativity shapes many everyday activities, such as decision-making, evaluating outcomes, criticizing others, and justifying actions.

Researchers discuss many types of normativity. Practical normativity is about what to do, while theoretical normativity concerns what to believe. Deontic normativity deals with what is allowed, required, or forbidden, whereas evaluative normativity addresses the values underlying normative assessments. Objective normativity encompasses requirements that do not depend on personal views, in contrast to subjective normativity, which is about standards relative to subjective perspectives. A normative assessment is pro tanto if it is partial by only taking certain aspects into account, unlike all-things-considered judgments, which factor in all relevant aspects. Other distinctions are based on the domain of assessment, such as moral, social, legal, and linguistic norms. Some categories may overlap, and there are academic disagreements about whether all these types are genuine forms of normativity.

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πŸ‘‰ Normativity in the context of Legal norm

A legal norm is a binding rule or principle, or norm, that organizations of sovereign power promulgate and enforce in order to regulate social relations. Legal norms determine the rights and duties of individuals who are the subjects of legal relations within the governing jurisdiction at a given point in time. Some theorists, such as Stephen Krasner, define norms as β€œstandards of behavior defined in terms of rights and obligations.” Competent state authorities issue and publish basic aspects of legal norms through a collection of laws that individuals under that government must abide by, which is further guaranteed by state coercion. There are two categories of legal norms: normativity, which regulates the conduct of people, and generality, which is binding on an indefinite number of people and cases. Diplomatic and legislative immunity refers to instances where legal norms are constructed to be targeted towards a minority and are specifically only binding on them, such as soldiers and public officials.

In a legal sense, retroactivity refers to a law that impairs or invalidates the vested rights of an individual acquired under existing laws by creating new obligations to considerations that have been pre-established. Legal norms can either classify under true retroactivity, where norms influence the legal relations that have existed before its effect, or pseudo retroactivity, referring to how the validity of old legal relations can be influenced by derogated norms.

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Normativity in the context of Ethics

Ethics is the philosophical study of moral phenomena. Also called moral philosophy, it investigates normative questions about what people ought to do or which behavior is morally right. Its main branches include normative ethics, applied ethics, and metaethics.

Normative ethics aims to find general principles that govern how people should act. Applied ethics examines concrete ethical problems in real-life situations, such as abortion, treatment of animals, and business practices. Metaethics explores the underlying assumptions and concepts of ethics. It asks whether there are objective moral facts, how moral knowledge is possible, and how moral judgments motivate people. Influential normative theories are consequentialism, deontology, and virtue ethics. According to consequentialists, an act is right if it leads to the best consequences. Deontologists focus on acts themselves, saying that they must adhere to duties, like telling the truth and keeping promises. Virtue ethics sees the manifestation of virtues, like courage and compassion, as the fundamental principle of morality.

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Normativity in the context of Sustainable development

Sustainable development is an approach to growth and human development that aims to meet the needs of the present without compromising the ability of future generations to meet their own needs. The aim is to have a society where living conditions and resources meet human needs without undermining planetary integrity. Sustainable development aims to balance the needs of the economy, environment, and society. The Brundtland Report in 1987 helped to make the concept of sustainable development better known.

Sustainable development overlaps with the idea of sustainability which is a normative concept. UNESCO formulated a distinction between the two concepts as follows: "Sustainability is often thought of as a long-term goal (i.e. a more sustainable world), while sustainable development refers to the many processes and pathways to achieve it."

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Normativity in the context of Heteronormativity

Heteronormativity is the definition of heterosexuality as the normative human sexuality. It assumes the gender binary (i.e., that there are only two distinct, opposite genders) and that sexual and marital relations are most fitting between people of the opposite sex.

Heteronormativity creates and upholds a social hierarchy based on sexual orientation with the practice and belief that heterosexuality is deemed as the societal norm. A heteronormative view, therefore, involves alignment of biological sex, sexuality, gender identity and gender roles. Heteronormativity has been linked to heterosexism and homophobia, and the effects of societal heteronormativity on lesbian, gay and bisexual individuals have been described as heterosexual or "straight" privilege.

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Normativity in the context of Aims of education

The philosophy of education is the branch of applied philosophy that investigates the nature of education as well as its aims and problems. It also examines the concepts and presuppositions of education theories. It is an interdisciplinary field that draws inspiration from various disciplines both within and outside philosophy, like ethics, political philosophy, psychology, and sociology. Many of its theories focus specifically on education in schools but it also encompasses other forms of education. Its theories are often divided into descriptive theories, which provide a value-neutral description of what education is, and normative theories, which investigate how education should be practiced.

A great variety of topics is discussed in the philosophy of education. Some studies provide a conceptual analysis of the fundamental concepts of education. Others center around the aims or purpose of education, like passing on knowledge and the development of the abilities of good reasoning, judging, and acting. An influential discussion concerning the epistemic aims of education is whether education should focus mainly on the transmission of true beliefs or rather on the abilities to reason and arrive at new knowledge. In this context, many theorists emphasize the importance of critical thinking in contrast to indoctrination. Another debate about the aims of education is whether the primary beneficiary is the student or the society to which the student belongs.

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