Third Theme: Comparison between the rules of
law and other rules of social behavior
The legal base seeks to establish the behavior to be followed in society.
Social behavior is governed by diverse and intertwined rules, overlapping with each
other, it is not surprising that we find legal rules originating from a customary,
religious or moral rule, hence the close link between these rules emerges as
addressing the human being and concerned with correcting his behavior, so we will
address in this topic the relationship of the legal rule with other social rules such as
the rules of religion, and the rules of morals.
First: Comparison between legal rules and ethics rules
Ethics is a set of principles and values encoded in the conscience of the group that
put a limit between evil and good, it aims to achieve "ideals" by approaching good
and staying away from evil, these rules seek to achieve human superiority, discipline
and correction of behavior, and despite the similarity of legal rules in many elements
with moral rules, both aim to establish relations between people on the basis of
justice and equality, but the differences between them are many, manifested in
scope, purpose and retribution.
1. In terms of scope (content): The scope of moral rules is broader than
legal rules, as moral rules are concerned with regulating human behavior with
himself, with his Lord and with others, while legal rules are only concerned with
the external appearance of man without caring about his intentions and inclinations.
For example, reprehensible morals such as hypocrisy and lying are punishable by
the legal rule only in a few cases, such as perjury or false communication.
2. In terms of purpose: moral rules depend on the internal and external
behavior of the individual, while the legal norm is mainly related to external
behavior.
The purpose of the legal rule is to maintain public order within society and achieve
justice, while the rules of ethics aim to achieve a set of values within society.
3. In terms of penalty: The violation of the moral rule entails remorse of
conscience and denunciation of people according to the type of violation, the
punishment here is moral, while it is material and tangible when violating the legal
rule, as it is assumed by the public authority, and takes forms and forms such as
compensation, termination of the contract, fine, imprisonment, media, depending
on the type of violation
Experts on the religious rule are originally a punishment deferred until the Hour
arises, such as the punishment for theft, the punishment for adultery.
While the sanction of the legal rule is a penalty if it is imposed on the individual as
soon as he violates the rules of law.
Third: Comparison between legal rules and rules of transactions and social
customs
They are habits that people are familiar with among them to establish social ties
among themselves, or it is a set of behaviors that people are accustomed to following
in their diaries in the belief that they are mandatory or differ from the law in the
following:
1. In terms of scope (content): These rules of courtesy seek to impose order
and stability and are subjective to anyone but the people's appetite for them and
vary from time to time and place to place.
They are those traditions that its members manifest from the behaviors to which
people have been accustomed for a long time and even considered part of the morals
of society.
2. In terms of purpose: The goal of customs and traditions is to ensure the
greatest possible harmony among the members of the same society, while the rules
of law work to spread security and order among the members of society.
3. In terms of punishment: There is no material penalty rules of courtesies,
customs and traditions, the penalty is only moral left to the conscience of the
personal actor, where only members of society are denounced for this behavior,
while experts when violating the legal rule, as we have already said, are material and
expected by the public authority when necessary (necessity).