Jamal Awil

← Philip Chase Bobbitt - Reflections…

"Normative" conflates internal rules with standards from outside practices. [definitional]

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!").

DEFINE: Distinguishes two senses of 'normative' — policing a practice by its own internal standards versus judging it by external/collateral standards.

Philip Chase Bobbitt, Philip Chase Bobbitt - Refl…, loc. 502