Instinct Vs Law: The Battle For Control

what difference between law and instinct

Instinct is a natural, sometimes biological, response to a situation or stimulus. It is an innate behaviour that is often triggered by specific cues and can vary across species. On the other hand, law is a set of rules or norms that are established and enforced by a governing authority. These rules are typically written down and have a fixed and determinate nature, meaning they must be obeyed. While instincts are biological imperatives, laws are social constructs that guide human behaviour and are often informed by a sense of morality. Morality itself is a complex concept, with some arguing it is a product of evolution or herd instinct, while others believe it is a social construct influenced by education and societal norms.

Characteristics Values
Moral foundation Law is a moral foundation that guides our actions and decisions, telling us the "tune we have to play".
Instinct differentiation Instincts are the "keys" that can be right or wrong depending on the circumstance.
Social construct Law may be a social construct influenced by education, society, and cultural morality.
Biological determinism Instincts are driven by biological determinism, with actions resulting from chemicals in our brains.
Free will Law implies the existence of free will, allowing us to choose between instincts and moral obligations.
Self-preservation Instincts, such as self-preservation, can conflict with the moral obligation to help others.
Standard of morality Law represents a standard of morality that transcends cultural differences and is often compared between nations.
Instinctual rights Instinctual rights, such as freedom of speech and the press, form the basis of certain laws.

lawshun

Moral law and instinct

The concept of "moral law" has been a subject of debate among various thinkers, including C.S. Lewis, who questioned the origin of moral standards and their relation to instinct. Lewis suggested that while humans possess a "herd instinct," this is distinct from the moral law.

In his book "Mere Christianity," Lewis presents the idea of a "Law of Human Nature," suggesting that there is an underlying Standard of Morality that transcends cultural differences. He observes that people often make excuses when they fail to uphold this standard, indicating a recognition of right and wrong.

Lewis uses the example of hearing a man's cry for help to illustrate the interplay between instinct and moral law. In such a scenario, one might experience conflicting instincts: the desire to help and the instinct for self-preservation. However, Lewis argues that there is a "third thing" beyond these instincts that judges between them and guides our actions. This "moral law," he suggests, dictates the "tune we have to play," while our instincts are merely the "keys."

The notion of moral law as a product of evolution or genetics has also been explored. Some argue that morality is shaped by deterministic chemicals in our brains, implying a lack of free will. However, this perspective raises questions, such as why similar arguments are not made for other species.

Additionally, Lewis addresses the objection that moral law is a product of education and societal influence. While acknowledging that societal standards exist, he contends that comparing the morality of different nations implies a belief in an overarching standard. Thus, the concept of moral law extends beyond mere social constructs.

In conclusion, the discussion surrounding moral law and instinct delves into the complexities of human behavior and decision-making. While instincts play a role in our actions, the concept of moral law suggests the existence of a higher standard that guides our instincts and shapes our understanding of right and wrong.

Public Policy: Contracts and the Law

You may want to see also

lawshun

Instinctual rights and freedom of the press

The concept of freedom of the press is a fundamental principle that ensures communication and expression through various media, including printed and electronic media, can be exercised as a basic right with minimal or no censorship or prior restraint from the government. This freedom is often protected by laws or constitutional provisions, such as Article 19 of the United Nations Universal Declaration of Human Rights, which states that everyone has the right to freedom of opinion and expression. This includes the freedom to hold opinions without interference and to seek, receive, and impart information and ideas through any media without regard to borders.

While freedom of the press is a fundamental right, it is not absolute. There are situations where this freedom can be legitimately restricted by law, such as when it violates the rights of others or advocates hatred and incites discrimination or violence. Additionally, the press does not have the power to compel the government to furnish information that is not available to the public.

The protection of freedom of the press is crucial for a rights-respecting society. It is often linked to freedom of expression, which includes the right to form and join clubs, societies, trade unions, or political parties. This freedom allows individuals to access justice and enjoy their human rights. However, governments around the world often abuse their authority to silence peaceful dissent by passing laws that criminalize freedom of expression, claiming reasons such as counterterrorism, national security, or religion.

The distinction between law and instinct in the context of freedom of the press can be understood through the concept of "moral law." Some argue that morality is a product of evolution and genetics, suggesting that our choices are determined by biological instincts. However, others like C.S. Lewis, differentiate between "herd instinct" and "moral law", suggesting that while we may have instincts, the moral law goes beyond these impulses and guides us towards ethical behaviour.

In summary, instinctual rights and freedom of the press are interconnected concepts. While freedom of the press is a fundamental right, it is subject to legal restrictions to protect the rights of others. The protection of this freedom is essential for a fair and open society, allowing individuals to access information and hold governments accountable. The distinction between law and instinct in this context highlights the role of moral law in guiding ethical behaviour beyond instinctual impulses.

Constitution Conundrum: Laws in Conflict

You may want to see also

lawshun

Instinct theory of aggression

Sigmund Freud, in his book 'Beyond the Pleasure Principle' published in 1920, introduced the world to his theory of the instincts that drive human behaviour. Freud's Instinct Theory of Aggression posits that aggression is an innate, biological drive that is present in all humans. He believed that there are two basic instincts that drive human behaviour: the life instinct, or "Eros", and the death instinct, or "Thanatos".

The life instinct is responsible for all our positive, life-affirming behaviours, such as love, reproduction, and creativity. It is a desire or instinct to "live". Freud saw our human/reasoning/conscious mind as holding our more animalistic and destructive mind in check. The life instinct, according to Freud, is responsible for keeping the death instinct in check.

The death instinct, on the other hand, is responsible for all our negative, destructive behaviours, such as aggression, violence, and war. It is always present in all humans, but it is usually kept under control by the life instinct. However, there are times when the death instinct can become too strong, leading to aggressive or violent behaviour. Freud referred to this as the "Death Instinct", a "competing" urge to the life instinct. For example, a person with a gambling addiction may be driven by a need to lose, as once they have lost everything and hit rock bottom, they can start again.

Freud's theory has been influential, but it has also faced criticism. One of the major problems with his theory is that he did not have the scientific apparatus to test his ideas, leaving them as speculative. Furthermore, while the instinct theory of aggression is a well-supported theory, it is not the only explanation for aggression. There are other factors that can contribute to aggression, including environmental factors such as poverty and discrimination, and psychological factors such as personality disorders and mental illness.

lawshun

Homeostasis and instinct

Homeostasis is a foundational principle in integrative physiology, which aims to explain biological phenomena by continuously forming theories that can be tested through experimentation and observation. It refers to the tendency to maintain a balance or optimal level within a biological system. In a body system, a control centre, often located in the brain, receives input from receptors, which are often neuron complexes. The control centre then directs effectors, which may be other neurons, to correct any imbalances detected.

Instincts are innate, complex patterns of behaviour that exist in most members of a species. They are performed without being based on prior experience and are therefore an expression of innate biological factors. For example, a newborn marsupial will instinctively climb into its mother's pouch. Instincts should be distinguished from reflexes, which are simple responses to specific stimuli, such as the contraction of the pupil in response to bright light.

Instinctual behaviours can also contribute to maintaining homeostasis. For instance, in response to cold exposure, piloerection (the raising of body hair) is an instinctual response that helps regulate body temperature. Additionally, anticipatory regulation, one of the processes that maintain homeostasis, can be instinctive. A disturbance can arouse anticipatory instinctive responses through pathways involving conscious or unconscious awareness.

In summary, homeostasis refers to the maintenance of balance within biological systems, while instinct refers to innate patterns of behaviour. Instinctual behaviours can contribute to maintaining homeostasis by driving individuals to meet physiological needs. Additionally, anticipatory instinctive responses can be triggered by disturbances to help regulate the system.

Roosevelt's Legacy: Laws and Policies

You may want to see also

lawshun

Instinct and injury

The term "instinct injury" was coined by Clarissa Pinkola Estés in her book "Women Who Run with the Wolves". Instinct injuries occur when we lose the ability to follow our innate, natural knowingness and care for ourselves in certain basic ways. They thwart our ability to access the full healthy response of our being to survive and thrive.

On a physical level, instinct injuries can affect our ability to care for our physical body and well-being. This might impact our ability to live in touch with our internal body clock, get proper nutrition and exercise, enjoy sex, take breaks from work, or flee situations of physical danger.

On a soul level, instinct injuries can harm our being and what we need to thrive by disrupting our core soul needs, such as our needs for connection, freedom, expression of emotion, and healthy love. For example, a person who struggles with self-worth may develop a dominant strategy of bullying or exhibiting other overtly aggressive behaviors as a survival strategy.

Instinct injuries often arise from childhood programming, such as growing up in a family with addiction issues or being shamed for having needs. However, they can also occur in adulthood due to unhealthy relationships or workplace situations. For instance, bosses who micromanage may disrupt our soul need for contribution and meaningful work.

Healing from instinct injuries is possible over time with the help of a therapist or counselor, who can challenge our assumptions and reprogram our instincts. Working on our own, we can start by asking ourselves filter questions such as "What do I want or need in this moment?" or "What do I believe about this?". Tuning into our body and asking what it needs or wants can also help to disrupt the stuck energy of an instinct injury.

The Core of Constitutional Law

You may want to see also

Frequently asked questions

Instinct is a natural, involuntary response to a situation, whereas law is a set of rules that are created and enforced by a society or community. Instincts are biological imperatives, whereas laws are social constructs.

Yes, imagine you see a man drowning. You will have two instincts: one to try and help him, and another to keep yourself safe. The instinct for self-preservation will likely be stronger, but you may find something else within you—a moral law—telling you to obey the weaker instinct and help the man anyway.

Moral law is a set of guidelines for behaviour that is often based on religion or philosophy. It is separate from instinct, in that it involves a conscious decision to act in a certain way, even if it goes against our natural instincts.

According to C.S. Lewis, yes. Instincts can be morally right or wrong depending on the circumstance. For example, it is good to act on the instinct to have sex with your spouse, as it strengthens your relationship. However, in other situations, acting on this instinct may be morally wrong.

Written by
Reviewed by
Share this post
Print
Did this article help you?

Leave a comment