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Questions and Answers
What are the three defects of social control through a regime of unofficial rules or social values such as customs?
What are the three defects of social control through a regime of unofficial rules or social values such as customs?
What is the process by which individuals learn the rules of behavior and develop self-control called?
What is the process by which individuals learn the rules of behavior and develop self-control called?
Which of the following is NOT a characteristic of legal sanctions?
Which of the following is NOT a characteristic of legal sanctions?
According to Twining and Miers, what defines a rule?
According to Twining and Miers, what defines a rule?
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What is the difference between formal and informal social control?
What is the difference between formal and informal social control?
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Which of the following is NOT an effective agency that influences the socialization of an individual?
Which of the following is NOT an effective agency that influences the socialization of an individual?
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What is a key characteristic of all rules, whether legal, moral, or customary?
What is a key characteristic of all rules, whether legal, moral, or customary?
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According to Lon Fuller, what role does law play in society?
According to Lon Fuller, what role does law play in society?
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Which of the following is NOT a characteristic of rules?
Which of the following is NOT a characteristic of rules?
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What is the primary function of rules?
What is the primary function of rules?
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Which of the following is NOT an example of a social rule?
Which of the following is NOT an example of a social rule?
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What is the main distinction between legal rules and social rules?
What is the main distinction between legal rules and social rules?
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Which of the following is NOT a reason why laws are necessary for social life, according to the content?
Which of the following is NOT a reason why laws are necessary for social life, according to the content?
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Based on the content, which of the following aspects of human nature contributes to the need for laws prohibiting violence?
Based on the content, which of the following aspects of human nature contributes to the need for laws prohibiting violence?
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Why is it important to understand the different types of rules?
Why is it important to understand the different types of rules?
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The content highlights the concept of 'Limited Altruism' as a reason for laws. Which of the following correctly explains this concept?
The content highlights the concept of 'Limited Altruism' as a reason for laws. Which of the following correctly explains this concept?
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Which of the following is NOT a source of law, according to the text?
Which of the following is NOT a source of law, according to the text?
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Which of the following is NOT considered a mode of social control, as mentioned in the content?
Which of the following is NOT considered a mode of social control, as mentioned in the content?
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What is the main purpose of ethical rules?
What is the main purpose of ethical rules?
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The content describes two aspects of rules: Internal and External. Which of the following is a characteristic of the 'Internal Aspect' of a rule?
The content describes two aspects of rules: Internal and External. Which of the following is a characteristic of the 'Internal Aspect' of a rule?
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According to the content, what is the key reason why laws are needed to protect property rights?
According to the content, what is the key reason why laws are needed to protect property rights?
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Which of the following statements accurately reflects the relationship between moral rules and social expectations?
Which of the following statements accurately reflects the relationship between moral rules and social expectations?
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Which of the following is a key difference between customary rules and taboos?
Which of the following is a key difference between customary rules and taboos?
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Which of the following is NOT a primary premise for the need for laws, according to the content?
Which of the following is NOT a primary premise for the need for laws, according to the content?
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Which of the following best describes the origin of religious rules?
Which of the following best describes the origin of religious rules?
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Which of the following statements best describes the relationship between law and social control, as explained in the content?
Which of the following statements best describes the relationship between law and social control, as explained in the content?
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According to Hans Kelsen's perspective on moral rules, how is immoral behavior defined?
According to Hans Kelsen's perspective on moral rules, how is immoral behavior defined?
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Which of the following is NOT a characteristic of customary rules?
Which of the following is NOT a characteristic of customary rules?
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Which of the following is the BEST example of a taboo?
Which of the following is the BEST example of a taboo?
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Which of the following is NOT a benefit of using secondary rules?
Which of the following is NOT a benefit of using secondary rules?
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What is the most significant difference between primary and secondary rules, according to Hart?
What is the most significant difference between primary and secondary rules, according to Hart?
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Which of the following describes a 'rule of recognition'?
Which of the following describes a 'rule of recognition'?
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Which of the following is a characteristic of primary rules as described by Hart?
Which of the following is a characteristic of primary rules as described by Hart?
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What is the main purpose of a 'rule of change'?
What is the main purpose of a 'rule of change'?
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How does Hart distinguish between legal rules and social rules?
How does Hart distinguish between legal rules and social rules?
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Which of the following is an example of a primary rule?
Which of the following is an example of a primary rule?
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How does 'external' observation relate to the concept of primary rules?
How does 'external' observation relate to the concept of primary rules?
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Flashcards
Definition of Rules
Definition of Rules
A general norm guiding conduct in specific situations.
Characteristics of Rules
Characteristics of Rules
Rules are imperative, normative, and may be written or unwritten.
Normative Aspect of Rules
Normative Aspect of Rules
All rules prescribe standards of behavior we should follow.
Legal Rules
Legal Rules
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Social Rules
Social Rules
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Commands in Rules
Commands in Rules
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Exceptions to Rules
Exceptions to Rules
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Justification in Rules
Justification in Rules
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Internal Control
Internal Control
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Sanction
Sanction
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Legal Sanction
Legal Sanction
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Informal Control
Informal Control
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Hart's Critique of Social Control
Hart's Critique of Social Control
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Human Vulnerability
Human Vulnerability
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Approximate Equality
Approximate Equality
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Limited Altruism
Limited Altruism
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Limited Resources
Limited Resources
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Limited Understanding
Limited Understanding
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Social Control
Social Control
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Law as Social Control
Law as Social Control
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Primary and Secondary Rules
Primary and Secondary Rules
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Primary Rules
Primary Rules
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Secondary Rules
Secondary Rules
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Uncertainty of Rules
Uncertainty of Rules
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Static Nature of Rules
Static Nature of Rules
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Rules of Recognition
Rules of Recognition
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Rules of Change
Rules of Change
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Rules of Adjudication
Rules of Adjudication
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Legal vs Social Rules
Legal vs Social Rules
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Criminal Law
Criminal Law
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Religion Rules
Religion Rules
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Ethics
Ethics
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Moral Rules
Moral Rules
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Customary Rules
Customary Rules
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Fashion Rules
Fashion Rules
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Taboos
Taboos
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Purpose of Rules
Purpose of Rules
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Study Notes
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.
- Govern how the primary rules work, and allow the management and amendment of duties or obligations within a society.
- 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.
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Description
This quiz delves into the concepts of social control and the nature of rules within society. It covers topics such as the differences between formal and informal social control, characteristics of legal sanctions, and the role of law as defined by prominent theorists. Test your understanding of social norms and the frameworks that govern behavior in various contexts.