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Introduction to Law

Society, the Law, and Social Norms
Rangga Dachlan, LL.M.

©Lucasfilm

“In order to ensure our security and continuing stability, the Republic will be reorganized into the first Galactic
Empire, for a safe and secure society.”

“Society”
• One of the many ways in which humans can be distinguished from a group of animals is by reference to social rules:
– Work schedule; the concept of school days and
“weekends”;
– Purchase of goods and services;
– Behavior control toward others; etc.

• Why do we have social rules?

The Need for Social Rules
• Interests exist, increase, expand, extend  cannot be fulfilled individually  humans need one another
(hence man as a “social being”)  the formation of society: a group of people who identify themselves as having a common objective  to reach objective
–i.e. interests– there have to be rules  otherwise: chaos  ubi societas ibi ius.
• A society is inseparable from order  one cannot be without the other. To achieve order  rules, or norms. Social Norms
In any society there already exist three varieties of norms: 1. Religion
2. Moral
3. Etiquette
But these are not enough to achieve order.

Religion
• Relations between man and God, as well as man with himself. Directed at conscience, not directly at actions. • The source of religious norms is God, therefore:
– In case of violations, the sanctions will be enforced by God
– i.e. in the afterlife.
– The norms only apply to the believers of God;

• Imposes no right; only obligations.

Moral
• Also regarding man’s relations with himself.
• The source is one’s own conscience, therefore:
– There is no external enforcer of sanctions.
– Also, what sanction?

• Also only imposes obligations.

Etiquette
• Predominantly regarding man and his relations with other members of the society; focusing on man’s action toward others – conscience is mostly irrelevant. • The sources of these norms are customs prevailing within the society, therefore the society is the enforcer of sanctions when there is a violation.
• Also imposes only obligations.

Social Norms (2)
These norms already exist with their respective systems, but they are still considered unsatisfactory for the following reasons:
1. There are still a plethora of human interests not covered by these norms.
2. Even the covered interests are not adequately protected  in terms of conflict  inadequacy of their sanction systems

Social Norms (3): Inadequacies of the Sanction
Systems of the existing Social Norms
• Religions do not provide sanctions which can be immediately applicable.
• Moral sanctions are only in the forms of embarrassment, fear, guilt, or remorse.
• Violation of etiquette will only invoke sanctions in the form of mockery and its likeness – i.e. nowhere near severe. The Need for Law
• Inadequacies of the existing social norms to fulfill and protect interests, as well as to achieve order.
• The society decides that, to survive, it needs to cover for those inadequacies  creation of a distinct set of social norms  the law.
• Society itself shall pick representatives among its members to make the law and govern over it (the
“Social Contract”).

The Raison d’Être of Law
• The law is born out of human contact:
– Pleasant
– Hostile

• Conflict of interests: where the fulfillment of interest of one person hinges upon the interest of another person so as to harm him.
• Human nature: conflict  demand for reparations.
• The law exists for the settlement of conflict of interests. The law only matters when there is a conflict of interests.

The Social Norms
Religion

Moral

Etiquette

Law

Objective

Humaneness; delivery from evil

Public order; prevention of chaos

Content

Conscience

Actions

Source
Sanction

Imposition

External force
God

Autonomous

Obligations

Society
(informal)

Society
(formal)
Obligations and rights

Relations between the social norms:
Law and Religion
• Sometimes they go hand in hand with each other:
– The law strengthens / protects religion
– Religion forbids what law forbids

• However, sometimes the law allows what religion forbids. • The law also sometimes forbids what religion obliges.

Relations between the social norms (2):
Law and Moral
• Moral is often the motivation of law; it is a ground upon which law is built.
• Moral sometimes disallows deeds which law simply does not care about.
• In contrast, the law sometimes permits what moral forbids. • The law is basically norms of moral with a set of official sanctions provided by the authority.

Relations between the social norms (3):
Law and Etiquette
Law and etiquette have an ever-changing relationship, depending on the development of the society. If etiquette changes, the law usually follows.