Chapter 8 Part 1

Kramer Lesson #41: Rules are Rules! W0 Deconstructing the video: Ask yourselves why society needs rules and laws? What is their purpose? Kramer says, “Without rules, there’s chaos” do you agree? Why? What would society be like in the absence of rules to govern human action?

 To answer the question, what are norms, laws and rules?  To determine how they function in promoting and protecting the good life.  To identify the source of obligation to follow these norms, and the relationship between freedom and obligation.  To identify key terms and thinkers.

 Societies set up governing institutions and delegate lawmakers to make and enforce laws and rules to protect those things that the people of that society consider to be important for the common good.  Societies set up norms for action, rules to follow, laws to be obeyed.  With norms come obligation and duty: Laws do not invite us to seek the common good; they command us to do so.  They use imperative language: “You shall…” or “You shall not…”

 “Moral Norms are criteria of judgment about the sort of person we ought to be, and the sorts of actions we ought to perform.”  Criteria are standards that serve as guides for action.  We see them in the forms of laws, rules, principles, commandments, maxims, etc. (these all fall under the umbrella of norms)  Each one carries a varying degree of obligation.

 All norms obligate us in some way. Where does this duty or obligation come from? Why do we say that we ought to or must do something?  Norms have 4 characteristics that prompt this feeling of obligation.

 Norms can come from two sources:  1) God: ex. The Ten Commandments are proclaimed with God’s name and authority behind them.  2) Humans: ex. Ecclesiastical law—in the case of the Church we recognize the authority of the pope, bishops, priests, etc. Ex. Civil Law—we recognize the authority of the prime minister, members or parliament, judges, police officers, etc. Our obligation to these authorities is derived from the power that has been given to them through election, delegation, ordination and so on. Positions of leadership empower these persons of authority to make laws, set rules and prescribe behaviours.

 For norms to become obligatory, they must be reasonable.  If a rule is reasonable and is explained rationally, it creates a sense of obligation to obey it.  Therefore, whether you accept a norm as obligatory comes from within (your reason). If an appropriate rule is explained and justified, you feel impelled from within to follow it.  Kant: Duty and obligation are rational. Reason is the prime source of obligation.

 A norm, obliges us, in our freedom, to act in a certain way, addressing our sense of responsibility.  There are 5 ways in which moral norms function to assist our freedom:  1) Norms impart wisdom: By transmitting the moral wisdom of the past, they put us in touch with the experience of those who have gone before us. This can protect us from some error and hurt.  2)Norms provide security: Because we are a nurtured species, we rely on easily learned rules to give us a measure of comfort when we do things for the first time as we mature.  3)Norms help us make decisions with speed and accuracy: If moral norms are known and appreciated, we waste less time and get the right thing done by following the norm.  4)Norms are helpful for examining our conscience: To examine our hearts honestly, we need some criteria to judge our actions.  5) Norms function to unify a people: A sense of purpose and common goals are main ingredients of community. Norms promote and protect values that unify a people by enabling them to live in harmony.

 The Catechism of the Catholic Church defines passions as “emotions or movements of the sensitive appetite that incline us to act or not to act in regard to something felt or imagined to be good and evil.”  In other words they are feelings, desires or emotions (love, hatred, sadness, fear and anger)  Passions are a gift from God; they are a part of who you are.

 Morally speaking, passions are neither good nor evil. They become morally good or evil only when governed by reason.  “Passions are morally good when they contribute to a good action, evil in the opposite case.”  The Catechism also says that your passions are the work of the Holy Spirit in you. To become the person you were meant to be, your passions must be integrated into your whole person.  Norms are guides that help us steer through the maze of human inclinations and desires.

 The law is the highest expression of a norm for action.  Law is commonly understood as a guide or directive for human action.  Law refers to the judgment of a lawmaker about the means necessary for the common good.

 1)A lawmaker:  God’s law (eternal law)—revealed through the Bible and sacred texts. Also revealed through us (natural law). Since we are made in the image of God, God’s law is also written in our capacity to reason, in our passions and inclinations and in our actions and relationships.  Human law—has its own legislators, such as federal and provincial government.

 2) The law itself—a specific directive: Laws tend to be very specific, spelling out exactly how the subjects of the law are to act. 3) The common good: Catholic social teaching- without denying the rights of individuals-holds that laws are primarily intended to give shape to the common good (which refers to the general well-being of all society). It includes such things as peace, security, protection of the law and good order.

 4)A specific group of people: Laws function within an institutional framework. They address the people who participate in these institutions of society and the church. Institutions, as the contexts in which we live the good life (chapter 7), are guided by laws to help them realize the good life, or the common good.  5)Obligation: So important is the common good, that we are morally obligated to chose the means necessary to achieve it. Therefore, if a law contributes to the common good, we are obligated to follow it. For example: If I want safety on the roads, I must obey the speed limit and refrain from driving under the influence. Unjust laws do not apply. Instead it becomes an obligation to oppose such laws.

 With rules, we enter into a different class of norms.  How do they differ from laws? Rules are not strictly legislated but are nevertheless obligatory guidelines for action. They indicate how we ought to behave in certain situations.  Rules can be absolute or generally binding.

 Absolute Rules:  Generally apply under all circumstances.  Examples: “You shall not murder”, always be just, love God and your neighbor as yourself, be honest, do good and avoid evil, etc.  These rules are guides to action.  They do not enter into detail as to what you must do in particular situations.

 Generally Binding Rules:  Apply in all circumstances unless there is another compelling rule in conflict with this rule.  Example: Follow the rule “do not lie” depending on what you understand to be a lie. You would not intentionally deceive a person who has the right to the truth, but you would not tell a thief about the whereabouts of valuables in your home.

 Sometimes when there is conflict between rules it is quite easy to distinguish which must be followed.  However, in many cases, it is difficult to make such a judgment, as in situations of war and medical practice.  Examples: When is it permissible for soldiers to fire upon a civilian vehicle that is speeding toward them? When is it permissible to remove a ventilator from a comatose patient?

 A maxim is a general truth, or a rule of conduct; they offer guidelines or advice.  They come from customs of the past, culture, and from communities or institutions.  Ex: “People who live in glass houses should not throw stones”  We can find such pieces of advice in the book of Proverbs.

 Before the movie, the theatre employee announced that all cell phones and other devices should be turned off.

 Rule

 Throughout Canada, it used to be illegal to open a store on Sunday

 Law

 Never go swimming alone

 Maxim

 New drivers are required to move through a gradual licensing system

 Smoking can lead to cancer and should be avoided

 Maxim

 If you are late to class you will receive a detention

 Rule

 You must present your health card when you visit the doctor or go to the hospital

 Rule

 You must not blackmail a person

 Law

 Stretching before you jog will keep you from getting sore

 Maxim

 If someone sneezes, say, “Bless you.”

 Maxim

 Common good: The general well-being of all within society  Norm: Norms are guides for action. They come in the form of laws, rules, principles, commandments and maxims. They come with varying degrees of obligation.  Law: The judgment of a lawmaker about the means necessary to promote and protect the common good.  Rule: A prescribed guide for conduct or action.

 Maxim: A general truth or rule of conduct.  Obligation: Something you are bound to do by duty; your responsibility.  Inclination: Natural disposition towards a perceived good. Related to passions.  Passion: Feelings, desires, or emotions. Morally speaking, they are neither good nor evil in themselves, but are morally good when they contribute to a good action, and morally evil when they contribute to evil action.

 Proverb: A brief, popular saying or adage containing a nugget of wisdom.  Natural law: The original moral sense which enables people to discern by reason what is good and what is evil, what is true and what is a lie.  Moral principle: Basic truths used to determine rules of conduct. In moral reasoning, principles are used to measure moral obligation or to determine how to act in particular situations.

 1) Examine Loyola’s Mission Statement:  “We believe that Loyola Catholic Secondary School fosters personal academic excellence in a socially supportive environment. We strive to instill in our students the love of God and neighbour and the desire to acquire skills, knowledge, attitudes and values which will allow them to become independent, responsible, productive, and contributing members of a rapidly changing multicultural society. We, the staff, promote a commitment to life-long learning, family and social responsibility, environmental awareness, and social, cultural and gender equity” ( Agenda pg. 5)

 In small groups (3-4), write 5 rules that you think support the implementation of the mission statement.  Make a chart on chart-paper. In one column, write the rule that you created. In the parallel column, write the value that you think is behind the rule.  For example (not related to the mission statement), turn your cell phone off in the movie theatre. The value of the rule is that it serves the larger group by allowing everyone to enjoy the movie without annoying disruptions.  At the end of the work period students will share and compare their rules with the class.  *Please do not confuse rules with laws or maxims.