How do the consequences differ between violating social customs or norms, and violating the law?
The violation of a social norm is not as severe as violating the law. Social norms are accepted behaviors that are expected in order for an individual to conform to a particular community or culture (Roundy, Lisa). For example, drinking is a social norm, but driving while intoxicated has its repercussions and calls for the law to punish the driver. Depending on the society/culture, one could be attributing to a violation of the social custom and not be aware of it if they’re not familiar with such behaviors. However, a well noticed violation of the law would be driving without a license or drinking in public.
Briefly, describe the U.S. rule of law system and discuss the meaning of precedents and its importance to our legal system. In your discussion be sure to discuss primary and secondary sources of law, including the distinctions if any.
The U.S. rule of law implies that all citizens are “accountable to laws that are publicly promulgated, equally enforced, independently adjudicated, and consistent with international human rights principles” (US Courts). Therefore in order to uphold the U.S. rule of law, the importance of precedents cannot go unnoticed. Precedents can be thought of as a principle in our legal system so judges can make their rulings as consistent as possible given previous judicial decisions pertaining to the same subject (LSU). It is important to have precedents in place in order to abstain from making incorrect rulings in cases that may seem similar and therefore maintaining a fair course of action.
A primary source of law, such as the U.S. Constitution, would entail “laws, orders decisions, or regulations issued by a governmental entity” (Library of Congress). The secondary sources of law analyze, comment, or issue a restatement of primary law and are used to help explain primary sources of law (Library of Congress). A main distinction between the two is that secondary sources have the ability to influence a legal decision, but not to the extent of having the authority of a primary source (Library of Congress). Therefore, primary sources of law are more tangible and reliable that can help to substantiate the value of the laws put into place. Meanwhile, a secondary source helps to highlight the initial importance of the primary source.
Finally, explain how the rule of law protects businesses from the government? Include an example in your explanation.
According to a blog on SCU online, the rule of law gives everyone guidelines on how to act and operate. It holds people, businesses, and government accountable for their actions. A prime example of how this is taken into action – let’s consider companies that have to abide by certain practices in order to prevent pollution to avoid environmental harm. If that business does not follow the guidelines that were issued to them then the law is allowed to hold the company responsible for putting the environment at risk and ultimately being penalized.
Sources:
http://www.uscourts.gov/educational-resources/educational-activities/overview-rule-law
https://biotech.law.lsu.edu/map/TheImportanceofPrecedent.html
http://www.loc.gov/law/help/secondary-rsrcs.php
https://online.scu.edu.au/blog/how-rule-of-law-is-important-to-business/
https://study.com/academy/lesson/what-are-social-norms-definition-examples-in-infants-children-adults.html