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