Sociology Chapter on Social Control and Rules

Chapter 2: Law as Rules

• The chapter covers the concept of law as rules, exploring its definition, different types, and role as social control.
• Students will demonstrate basic knowledge on the concept of rules and regulations.
• Students will identify issues and problems related to weaknesses of social control in society.
• Students will use academic and critical thinking to explain why people obey legal rules and social controls.
• Students will apply basic knowledge of rule characteristics and significance.

2.1 Definition of Rules

• Twining and Miers define a rule as a general guideline for conduct in a specific situation.
• It acts as a measure or standard for judging conduct.

Characteristics of Rules

• Rules are imperative—they dictate what should and should not be done.
• Rules can be written (e.g., statutes) or unwritten (e.g., customs).
• Some rules are presented as commands.
• Most rules come with exceptions.
• Rules offer norms that define desirable and undesirable conduct, leading to valid, good and lawful behavior.
• Rules provide justification for actions, persuading people to obey.

2.2 Different Types of Rules

• A) Legal Rules: Formal rules made by legislation, enforced by specialized agencies, requiring conformity to law to prevent the use of violence.
• B) Social Rules: Informal guidelines for behavior, including:
  • i) Religion Rules: Derived from religious texts (e.g., Quran, Torah, Bible).
  • ii) Ethics: Defining conduct in order to establish what's good for individuals and society, not directly connected/related with legal rules.
  • iii) Moral Rules: Defining what is considered right and wrong, influenced by values, practices and social pressures.
  • iv) Customary Rules: Accepted behaviors within communities, passed through generations, not legally enforceable unless recognized by law.
  • v) Fashion: Social trends related to clothing, hairstyles and other appearances, varying over time and place.
  • vi) Taboo: Strongly disapproved behaviors with potential social repercussions, not legally punishable.

2.3 Why Do We Need Rules?

• 2.3.1 Truism About Human Nature:
  • Humans have a natural need for rules to govern interactions, secure property and promises and as a protection for persons.
  • A) Human Vulnerability: Easily influenced to commit violence and crime.
    • The most important law for social life are laws that restrict the use of violence.
  • B) Approximate Equality: People are similar, but differ.
    • Even the strongest is limited as even they eventually die.
    • Rules are needed to limit domination by more powerful members.
  • C) Limited Altruism: People are often selfish, so rules are needed to control harmful tendencies.
    • Aggression will frequently occur if not monitored.
  • D) Limited Resources: Rules ensure access to vital needs, such as food, clothing and shelter, without conflict over scarcity, and protect property rights to avoid theft or trespass.
  • E) Limited Understanding and Strength of Will: Not everyone understands the long-term value of rules. Rules are needed to enforce fairness and prevent individuals taking advantage.

2.3.2 Law as Social Control

• Social control is the way society's members maintain order and predictability.
• Law is a form of social control that establishes acts considered punishable.
• Law establishes types of acts that are punishable, along with rules that dictate behaviour and conformity.
  • Examples of Law: morality, religions, fashion and opinion also serve to control behavior as they affect how a society expects and presumes behavior, influence how people ought to behave.

2.4 Primary and Secondary Rules According to HLA Hart

• A) Primary Rules:
  • Impose duties and obligations, governing what individuals should or should not do.
  • Provide a basic framework for acceptable behaviour within a society.
• B) Secondary Rules:
  • Govern how the primary rules work, and allow the management and amendment of duties or obligations within a society.
    • Specify actions for changes and creating duties or removal of duties.
    • Provide procedures for determining how the primary rules apply.
• Hart's Explanation: Primary rules require people to act in ways that might be considered necessary in a society, while secondary rules govern how those primary rules can be implemented.

3 Drawbacks of Primary Rules

• 1) Uncertainty: The rules aren't clear or consistent, leaving room for disputes.
• 2) Static: Rules do not adapt easily to changing societal needs, often leaving citizens unprotected.
• 3) Inefficient: Lack of a proper system to enforce the rules effectively, causing chaos and conflict.

2.5 Distinction between Legal Rules and Social Rules

• Legal Rules:
  • Made by legislation
  • Formal enforcement mechanisms provided by specialized agencies.
  • External control (coercion, threats).
  • Legal sanctions for violations (penalties, restitution).
  • Formal disputes through legal procedures.
• Social Rules:
  • Informal and unofficial conduct norms.
  • No formal enforcement agencies.
  • Internal control (social pressure, shame).
  • Informal sanctions, such as social exclusion.
  • Informal methods of dispute resolution.

Law as a System of Rules

• Hart suggests three defects of social control through unofficial rules:
• Rules are often unclear or lack a system for handling disputes,
• Rules can be inflexible and unable to adapt to changing circumstances effectively, -There are no designated mechanisms to recognize, determine, and enforce violations.