NORMS, LAWS, RULES, & MAXIMS

Unit 3 – Chapter 8Norms For Moral Living

Norms Norms are something that is usual, typical, or standarda standard or pattern,

especially of social behaviour, that is typical or expected

a required standard; a level to be complied with or reached:

http://oxforddictionaries.com/definition/english/norm

Norms Norms serve as guides for action

Moral norms are helpful in examining our conscience by giving us some criteria or standards.

Norms unify people by setting parameters for how we can live in peace with one-another.

Norms impart wisdom from those who have had experience on certain matters (i.e. drunk driving).

Norms give us security as we mature by providing us with guidance.

We see them in many forms: Laws, rules principles, commandments, and maxims Therefore, we have duties, obligations, and expectations to meet

Norms

BUT WAIT...

WHERE DO THESE DUTIES, OBLIGATIONS, AND EXPECTATIONS COME FROM?

Norms Are Declared By An Authority

Ten Commandments are proclaimed with God’s name and authority behind them

The Church – we recognize the authority of the pope, bishops, priests, and our parents

Civil Law – the authority of the prime minister, judges, doctors, teachers, police, etc.

Norms & Authority Continued

Authority is derived from the power granted to them via election, delegation, ordination to name a few

Positions of leadership empower these people to make laws, set rules, and prescribe behaviour

All norms have the following 3 characteristics:

1. Norms Must Be Reasonable They cannot be arbitrary If a rule is reasonable and is explained

rationally it creates a sense of obligation to obey it (internalized)

Therefore, duty and obligation are rationalDoes this sound familiar? Think Kant!

If you do not internalize the rule, an external obligation to obey the rule is established (by an authority)

2. Norms Involve Our Freedom Address our sense of responsibility Moral norms promote and protect values Although violating norms can result in

punishment, moral norms function to promote our freedom

Norms & Freedom Continued Five ways norms promote our freedom:

1. Impart wisdom2. Give us security3. Help us make good, quick decisions4. Help us examine our conscience5. They unify people

3. Norms Direct Our Inclinations & Desires They are like street signs that help us

navigate the maze of human inclinations and desiresThe ‘ought to’ principle

St. Thomas Aquinas defined law as “a reasonable decision promulgated by a competent authority for the common good”.

LAWS

Laws are designed to protect and defend the rights and interests of the common good.

These protect the members of the group from possible harm while preserving the bond and unity that is created within the group.

Laws are formalized and usually legislated.

A law needs the following 5 basic requirements:

1. A Lawmaker:God’s Law – Divine Positive Law

○ God began his law with the covenant (the Ten Commandments). It is from God so it is Divine and it cannot be changed or altered – it is positive law

Natural Law – Natural Moral Law○ Created in God’s image, God’s law is embedded in us. It is

unwritten yet known by all men and women who have the use of reason. This makes the law natural. It is moral because it deal applies only to moral acts – acts that involve free will

Human Law – Human Positive Law○ These laws are created by humans (ex. stop signs). They are

positive because they are clearly written. They are conditioned by modern times, such as time period, place and culture.

5 Requirements Continued 2. A Specific Direction of Action:

Laws are written specifically so people know how to act.

Civil Laws○ Laws that are written and enforced by local,

national and worldwide groups (ex. municipal, provincial, federal) that cover all areas of human life

Canon Law○ The supreme law of the Church that covers all

aspects of Church life (ex. teachings, customs, sacraments, etc.)

5 Requirements Continued 3. The Common Good:

Laws are made to protect the rights, well-being and interests of all people – the common good.

4. A Specific Group if People:Laws are set up to help groups/institutions

realize the good life in a way that is helpful and beneficial to all.

5 Requirements Continued 5. Obligation:

As humans we are morally obligated to protect the common good and the laws that promote it. On the other hand we need to stand up against laws that do not protect the dignity or well-being of people.

Rules A prescribed guide for conduct or action Indicate how we ought to behave in certain

situations Usually not legislated, but are obligatory

guidelines for action Rules can be absolute, generally binding,

or relative

Absolute Rules Generally apply to all

circumstances They are guides to action,

however, they do not enter into detail as to what you must do in a particular situationExamples: The Golden Rule,

do good and avoid evil, be honest

Generally Binding Rules Apply to all circumstances, unless

another compelling rule is in conflict with this ruleExample: Do Not Kill is generally binding,

but, for the purposes of legitimate self-defence this rule is superseded by other rules (and laws)

Conflicting Rules In many cases, when rules conflict it is

difficult to choose the correct course of actionIn other words: which rule takes

precedence?○ When do you remove a ventilator from a

comatose patient?○ When does the administration of medication to

ease pain become euthanasia?

Maxims A general truth or rule of conduct Also known as proverbs or rules

of thumb They offer guidelines or advice Based on culture, customs, and

community (schools, parish, etc.) The Bible provides us with words

from the wise

Maxims Continued These books are known as the Books of

Wisdom: Proverbs, Ecclesiastes, Song of Songs,

Wisdom, Sirach, and Job

Maxims Continued - The Book of Proverbs

For lack of wood the fire goes out, and where there is no whisperer (of gossip), quarreling ceases ~Proverbs 26: 20

In all toil there is profit, but mere talk leads only to poverty ~Proverbs 14: 23

Speak for those who cannot speak, for the rights of all the destitute. Speak out, judge righteously, defend the rights of the poor and needy ~Proverbs 31: 8-9

Intro. Activity ‘imagine all norms, laws, etc. are abolished’ Laws & Society class activity – individual, small group & follow-up discussion

Laws Rules Maxims.doc identification activity

Norms Rules Laws & Maxims.doc step 2 activity

Laws & Freedom.doc step 3 activity