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Incubator Q&A

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Incubator Q&A Do laws determine societal norms, or vice versa?

I submit that neither direction is completely the case, but laws are typically the formalization of norms. They may be widely-respected norms[1] or merely codifying the norms (or hoped-for norms) o...

posted 6mo ago by Michael‭

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#1: Initial revision by user avatar Michael‭ · 2024-06-04T19:00:54Z (6 months ago)
I submit that neither direction is completely the case, but laws are _typically_ the formalization of norms. They may be widely-respected norms[^murder] or merely codifying the norms (or hoped-for norms) of the group with legislative authority.[^temperance]

Laws can be passed to change norms, too, though. Rationing a limited resource is a common example.[^lawn] The specific action being limited isn't necessarily a moral one, but the effects of misuse require an adjustment of norms.

As a big aside, I'd like to note that norms should not necessarily be codified into law. Human behavior is constrained by both law **and** norms.[^lessig] Many laws outlast the norms they were intended to compel.

[^murder]: "Don't kill people."
[^temperance]: "Alcohol is banned."
[^lawn]: "You can't water your grass when the reservoir is low."
[^lessig]: "Laws, norms, markets, and architecture" [says Lawrence Lessig][lessig] (1998).

[lessig]: https://en.wikipedia.org/wiki/Pathetic_dot_theory