Research On The Theory Of Andrey Mammer's Habituation

Social convention can be found everywhere in social life.It is worthwhile and interesting to do research on conventions.Andrei Marmor does research on social convention bases on predecessors' theory of social convention,and he has expounded the related problems of social convention more systematically and deeply.He redefined convention.In his view,convention could be simply summarized as a peremptory norm of arbitrariness to which one would be justified.He points out that the nature of convention is mainly characterized by arbitrariness.And,its concrete composition includes not only coordinated convention and constructive convention in horizontal classification,but also surface convention and deep convention in vertical.Marmor believes that there are more than one type of social convention,so he suggests that there is another one besides the convention of coordination convention,named constructive convention.The effect of coordination convention is that can solve some kind of recurring cooperation problem,while the constructive convention is the convention that can solve the problem of social practice construction.In his theory,deep conventions are background norms that could determine what a practice is,while surface conventions are norms that present concrete examples of deep conventions.The two types of conventions including constructive convention and deep convention are both unique part of his theory.Both of them are taken a very important role in his convention theory.Marmor also has done research on the relationship between convention and morality.He believes that although there is less connection between morality and convention,and morality could not be convention generally,there will still be some convention that is moral convention in a certain sense,which has both the function and moral value of moral requirements for behavior.He tried to analyze the existence and value of moral conventions.However,the effect of such moral convention is relatively weak,the quantity of them is rare.In the field of law,Marmor believes that the rule of recognition play the role of the source of giving legal effect and belongs to social conventions.The rule of recognition is constructive conventions,and there is also a deep convention in the field of law,that is,the legal system.As a superficial custom,the rules of recognition together with the deep convention of legal system constitute the the concept of law.The main content of David Lewis' convention theory is cooperative convention,but Marmor puts forward to the idea of constructive convention on the basis of Lewis' convention theory.Marmor agrees with the interpretation of Hart that the rule of recognition are customary rules.He thinks that the rule of recognition can be used to explain the source of legal effects.However,he thinks that the rule of recognition are constructive conventions rather than coordinated conventions.Raz believes that the source of the validity of legal rules is social facts and authority,while in the view of Marmor is that the source of validity of legal rules is the recognition of rules,which is a convention of judicial.From the perspective of Coleman,the rule of recognition which is interpreted on a coordinated perspective,while Marmor used the theory of constructive convention to demonstrate the correctness of the existence of the rule.The idea of constructive convention has become a very controversial point of view.Some scholars believe that constructive convention is not a kind of conventions,and there is no classification between constructive convention and coordinated convention.In his view,these doubts are based on false assumptions.Constructive convention is not aimed at solving a single act like a coordinated convention,but constructing an activity.Also,it is wrong to deny the arbitrariness of constructive convention because of the marginal situation of arbitrariness.The rule of recognition can give effect to specific legal rules,and the interpretation that the rule of recognition are convention is also correct.The application of Marmor's convention theory in the field of law with constructive convention to explain that the rules of recognition are more persuasive and has much vitality.