Gavin Howe
Laws are created to control human behavior and maintain order in society. They are designed to reduce wrongdoing and hold individuals accountable for their actions. While laws are meant to be followed, the reality is that they are frequently broken. People may choose to break the law due to individual goals and interests that conflict with the collective good. Human emotions, behavior, and interpretation also play a role in how laws are perceived and followed. The enforcement of laws is a complex process influenced by societal, economic, and individual factors. This raises questions about the effectiveness of laws and the role of the legal system in addressing non-compliance. Understanding why people break the law and the consequences they face is essential for maintaining a functioning society.
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What You'll Learn
Human laws vs natural laws
Human laws are created to control human behaviour, and they govern how people behave. These laws are enforced by humans, and they are often broken. This is because the people tasked with enforcing them are fallible, and because those governed by them may decide that they do not apply, or should not apply, or that they need to change. Human laws are therefore fragile, and can be the cause of power struggles.
Natural laws, on the other hand, are relative to facts outside of human control. They are based on human reason and are objective principles which originate in human nature. They are universal and immutable, and they encompass every person, of every epoch. The natural law is a foundation for moral and civil law, and government laws are based on the precepts of natural law.
The concept of natural law has its roots in the teachings of ancient Greek philosophers such as Aristotle, who wrote that nature was purposeful and driven by natural laws that human reason could discover. Aristotle believed that people were naturally destined to live in groups, which required some form of ruler or government. He also believed that only by living in a community "to secure the good life" could human beings achieve such virtues as courage, honesty, and justice.
St Thomas Aquinas, a medieval Roman Catholic scholar, reconciled the political philosophy of Aristotle with Christian faith. He contended that a just ruler or government must work for the "common good" of all. Aquinas believed that the natural law was universal and permanent throughout history, and that it was a way to explain the world and the place of humans within it.
In conclusion, human laws are created and enforced by humans, and are therefore fragile and easily broken. Natural laws, on the other hand, are based on human reason and are universal and immutable, providing a foundation for human laws and a way to explain the world and humanity's place within it.
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Laws made to be broken
The notion that "rules are meant to be broken" is a well-known one, often attributed to the American General, Douglas MacArthur, who was known for his rule-breaking tendencies. This idea extends to laws as well, which are human-made rules that govern behaviour. The enforcement of laws is carried out by humans, who are fallible and may disagree with certain laws, leading to non-compliance or intentional breaking of the law.
There are two main approaches to law-making. The first is creating laws that are made to be followed (LMFs), with the primary goal of compliance. The second approach is creating laws that are made to be broken (LMBs), where conviction is the primary means of achieving the desired outcome, rather than compliance. LMBs are often created with the understanding that some people will break them, and conviction is seen as an expected and effective way to address wrongdoing.
The existence of LMBs can be attributed to the tension between individual goals and the goals of the group. An individual may act against the group's interests for their own benefit, and the group, by virtue of having more people, usually prevails, resulting in juridical law taking precedence. Additionally, human emotions and behaviour can play a role in the difficulty of upholding laws once established.
While some argue that laws made to be broken violate the identification principle and are self-defeating, it is important to recognize that laws are not static and can be revised. They are influenced by the economics and society of a particular place and time, and their effectiveness may vary across different cultures and contexts.
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Human emotions and behaviour
Firstly, it is important to acknowledge the inherent tension between individual goals and the goals of the group when it comes to law-breaking. Individuals may decide that a particular law does not apply to them or should not apply at all, leading to a conscious decision to break the law. This decision-making process is influenced by human emotions and the interpretation of the law, which can vary between individuals and societies.
Neuroscience and psychology research has shed light on the complex interplay between cognition and emotion in offender decision-making. The 'enactive' approach in affective neuroscience suggests that human behaviour is influenced by both first-order desires (reflexive bodily sensations) and second-order desires (more intentional desires). This framework highlights how individuals are driven by a dynamic relationship with their environment, encompassing physical, cultural, and social factors.
Additionally, the role of emotions in predicting violence and aggression is a critical area of study. For example, the FBI's Law Enforcement Bulletin highlights the transformation of anger into contempt, then disgust, which can lead to hostility. This emotional shift often occurs via stories that inculcate cultures with hatred and violence, and it has significant implications for national defence, security, and law enforcement operations.
Furthermore, the efficiency and consistency of law enforcement by humans can be questioned. The enforcement of laws is subject to human fallibility, including emotions, biases, and fatigue, which can impact the implementation and interpretation of laws.
In conclusion, human emotions and behaviour are intricately linked to the creation, enforcement, and breaking of laws. While laws aim to control human behaviour, individuals have the agency to decide whether to follow or break them, influenced by their emotions, personal goals, and interpretation of the law.
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Law enforcement
Laws are created to shape human behaviour and curb wrongdoing. However, human laws are fragile and can be broken. This is due to the tension between individual goals and the goals of the group. For instance, an individual may steal to benefit themselves, despite this being against the law.
Human laws are also subject to interpretation, which can lead to them being broken. For example, a judge may interpret a law differently from how it was intended, which can result in a ruling that is not in line with the letter of the law.
In addition, laws are enforced by humans, who are fallible and inefficient. This can result in laws being broken without consequences, as humans may not consistently uphold the law.
It is important to note that not all laws are created with the expectation of compliance. Some laws are made with the primary goal of conviction, serving as a means to hold wrongdoers responsible for their actions. These laws are created with the understanding that they will be broken.
The process following an individual breaking the law typically involves an investigation, an arrest, and a trial. During the trial, the defendant is presumed innocent until proven guilty. The prosecutor must prove guilt beyond a reasonable doubt, and the defendant has the right to remain silent and be tried by a jury. If found guilty, the defendant is convicted and sentenced, which may include fines, incarceration, probation, or other penalties.
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Power struggles
Laws are integral to maintaining order in a political society. However, the rule of law is fragile and can be broken. This is due to the inherent tension between individual goals and the goals of the group, where individuals may act against the group for their own benefit. Human laws, being subject to individual discretion, are more fragile compared to unbreakable natural laws, which are based on facts beyond human influence. The complexity of creating, enforcing, and addressing breaches of the law further contributes to the challenge of upholding the rule of law.
To navigate power struggles, it is essential to recognise the role of emotions and their impact on attitudes and behaviours. Body language, such as crossed arms, defensive postures, and eye-rolling, can be a telltale sign of a power struggle. Remaining calm and utilising diffusers, such as "Hmm", "Okay", and "I hear you", can help de-escalate the situation. Setting clear, reasonable, and enforceable limits with associated consequences is another strategy to manage power dynamics effectively.
On a broader scale, power struggles between different levels of government, such as states and the federal government or cities and states, can lead to ideological conflicts and legal challenges. Partisan gridlock and diverging political control contribute to these struggles, impacting policymaking and the protection of local authority.
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Frequently asked questions
There are many ways that people can accidentally or intentionally break the law. Some of the most common include:
- Speeding or using a cell phone while driving
- Littering
- Underage drinking
- Failing to get a dog license
- Piracy or copyright infringement
- Gambling
When a minor, or someone under the age of 18, breaks the law, they will usually appear in juvenile court. A judge hears the evidence and decides whether there is enough proof that the minor has committed a crime. If the minor admits to the crime, the judge may put them on probation, place them in a foster home, or send them to a juvenile institution. If the minor denies the accusation, an adjudicatory hearing is held, where the minor is represented by a lawyer.
There are several reasons why people may break the law. Laws are created to control human behavior, but individuals may decide that certain laws do not apply to them or should not apply to them. Human laws are fragile and subject to constant revision, and there is often a tension between individual goals and the goals of the group. Additionally, laws are enforced by humans, who are notoriously inefficient. Sometimes, following man-made laws means violating the laws of nature. Laws can also be made to be broken, with the primary means of achieving their ends being conviction rather than compliance.
