Practice question · Multiple choice
Luhmann distinguishes normative expectations from purely cognitive ones by noting that normative expectations persist even when breached. What follows from this distinction when a party suffers a contractual breach?
Hints
- How do expectations that 'learn' differ from expectations that demand compliance?
- Does a broken promise prove to the injured party that the standard no longer exists?
Show the answer
A. The victim treats the breach as a reason to seek redress rather than abandon the norm
Why
Cognitive expectations adapt to counter-instances by learning and revising forecasts, whereas normative expectations maintain the validity of the standard despite disappointment. The victim does not abandon the rule or view it as void, but affirms it through legal recourse.
Practise What Law Is For
The app has 6 more questions on this lesson, and keeps your place in the course. Law I is free to start.
More questions on What Law Is For
- Sort each provision by the function of law it most directly performs.
- Why is Bobbio's promotional function invisible to a theory built only on sanctions?
- Bobbio argued that modern law works not only by repressing undesired conduct but also by promoting desired…
- Complete the account of the functions of law.
- Arrange these steps in the order the conflict-resolution function requires them.
- Arrange these works of functional analysis in chronological order.
- Match each instrument to the technique it uses.