QUESTION 1 Explain the concept ‘law” and thereby show how it is different from other social rules or norms. (4) QUESTION 2 2.1 “State” is a non-physical entity, an abstract notion or phenomenon created by citizens through their deemed agreement (i.e. social contract). (a) In the light of th...
SCL1501 Assignment 1
QUESTION 1 Explain the concept ‘law” and thereby show how it is different from other
social rules or norms. (4)
The Concept of Law:
Law is a system of rules that are created and enforced by social or governmental institutions to
regulate behavior. It is characterized by its formal nature, enforceability, and the consequences
of non-compliance. Laws are designed to maintain order, protect individual rights, resolve
disputes, and promote justice within a society. They are established through legislative
processes and interpreted by judicial systems.
Differences Between Law and Other Social Rules or Norms:
1. Formal Nature and Codification:
○ Law: Laws are formally codified and documented in legal codes, statutes, and
regulations. They are written and published so that they are accessible and
known to the public.
○ Social Rules/Norms: Social rules or norms are informal and are not usually
written down. They are established through cultural practices, traditions, and
social interactions.
2. Enforceability and Authority:
○ Law: Laws are enforced by official institutions such as the police, courts, and
other governmental bodies. Violations of laws result in legal penalties, such as
fines, imprisonment, or other sanctions.
○ Social Rules/Norms: Social norms are enforced by social pressure and
community expectations rather than formal institutions. Consequences for
violating social norms may include social disapproval, ostracism, or loss of
reputation, but not legal penalties.
3. Scope and Application:
○ Law: Laws apply uniformly to all members of a society and are intended to be
impartial. They cover a wide range of areas, including criminal behavior,
contracts, property, and human rights.
○ Social Rules/Norms: Social norms can vary significantly between different
cultures, communities, or social groups. They may influence behavior in specific
contexts, such as etiquette, dress codes, and social interactions.
4. Purpose and Function:
, ○ Law: The primary purpose of law is to maintain social order, protect individual
rights, ensure justice, and provide mechanisms for resolving disputes. Laws are
designed to create a predictable and stable society.
○ Social Rules/Norms: Social norms aim to promote harmonious social
relationships and cohesion within a community. They guide acceptable behavior
and help individuals understand what is expected of them in social interactions.
Conclusion:
While both laws and social norms are essential for regulating behavior within a society, they
differ significantly in their formal nature, enforceability, scope, and purpose. Laws are formal,
codified, and enforced by governmental authorities, whereas social norms are informal,
culturally based, and enforced by social pressures. Understanding these differences helps to
appreciate the unique role that law plays in shaping and maintaining order in a society.
QUESTION 2 2.1 “State” is a non-physical entity, an abstract notion or phenomenon
created by citizens through their deemed agreement (i.e. social contract). (a) In the light
of the above statement, explain the concept “state” fully, and say why the agreement by
citizens in this regard is said to be “deemed.” (4)
Explanation of the Concept of “State”
The term "state" refers to a political entity with a defined territory, a permanent population, a
government, and the capacity to enter into relations with other states. It is an abstract construct,
not a physical object, but a framework established by human organization and governance. The
concept of the state is foundational in political theory and is often understood through the
following elements:
1. Defined Territory: The state has recognized borders or geographical boundaries within
which it exercises sovereignty.
2. Permanent Population: The state includes individuals who reside within its territory and
are subject to its laws and governance.
3. Government: The state has a structured system of governance that creates and
enforces laws, manages public affairs, and represents the state in international relations.
4. Sovereignty: The state possesses supreme authority within its territory, free from
external interference, and is the ultimate authority in legal and political matters.
The Concept of the Social Contract
The idea that the state is created through a social contract is central to many political theories,
notably those proposed by philosophers such as Thomas Hobbes, John Locke, and
Jean-Jacques Rousseau. According to this theory:
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