The term normative conflates two distinct kinds of evaluation.
Evidence
The word “normative” therefore becomes, in Balkin and Levinson’s hands, a very obscuring term: It means the “policing” of a practice by standards wholly derived from that practice (“That’s not how to play chess!”), as well as the assessment of a practice according to the standards of a collateral practice (“That’s not how a gentleman would play chess!”). — Philip Chase Bobbitt, Reflections Inspired by My Critics, 502
Categorization
- DEFINE: Distinguishes internal practice-relative norms from external collateral-practice norms via the chess analogy.
- XREF: connects to: Normative obligation differs fundamentally from being threatened into compliance. — Ronald M. Dworkin, The Model of Rules, 47; Criticisms of a taxonomy of argument forms can attack either completeness or decisional adequacy. — Philip Chase Bobbitt, Reflections Inspired by My Critics, 408; Fairness is a distinct principle guiding evaluation or decision-making (+5 more)
Broader Connections
- Fairness is a distinct principle guiding evaluation or decision-making
#complicates(0.50) - Criticisms of a taxonomy of argument forms can attack either completeness or decisional adequacy.
#expands(0.45) — Philip Chase Bobbitt, Reflections Inspired by My Critics, 408 - Articulation lets distinct practices with different contradictions be thought together.
#expands(0.40) — Hall, Stuart, Essential Essays, Volume 1, 200 - Legal outcomes depend on variable choices and value judgments rather than absolutes.
#complicates(0.35) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 752