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Relationships between laws, norms and practices: the case of road behaviour
Journal article   Peer reviewed

Relationships between laws, norms and practices: the case of road behaviour

C. Dent
Griffith Law Review, Vol.21(3), pp.708-727
2012
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Abstract

The road rules are the only area of ‘law’ about which almost every citizen is given explicit instruction, and with which most citizens engage on a daily basis - as a driver, a cyclist or a pedestrian. This makes these rules the ideal site for an exploration of the interaction between the law (or, more properly, regulations), the norms that are linked to the law and the practices adopted by road users that relate to those norms. This exploration will be done using the work of Michel Foucault. His work will be supplemented by a categorisation of the practices exhibited by individuals into ‘normative practices’, ‘practices of habit’ and ‘spontaneous practices’. The manner in which the interests of the road users impact on the decisions made by them, in light of their learnt practices, provides insight into why, in some cases, road rules are breached.

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