Social Norms, Legal Hierarchy, and Conflict Mediation

Classified in Philosophy and ethics

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Competition and Cooperation in Sports

An example of competition is a football game. In this case, it is a group competition because one team plays against another. An example of cooperation is the football team itself.

Cooperation generates solidarity, respect, understanding, ambition, commitment, organization, friendship, and effort. In competition, there is rivalry, ambition, and individualism among competitors. However, among group members, it creates companionship, friendship, and cooperation.

Competition in a football match can create conflict, divide team members, and generate violence.

The Role of Mediation in Conflict Resolution

Mediation can be used to resolve conflicts. Its features include:

  • Participation of both parties and the mediator.
  • The process is initiated by the will of the parties.
  • The mediator acts as an adviser to solve the conflict by addressing the needs of the parties.
  • The mediator uses paraphrasing to express what each party said while removing offensive or violent language.
  • The mediator does not provide the solution; it arises from what the parties intend.
  • Upon checking the settlement, the parties sign a compromise; failure to comply may lead to judicial action.

Understanding Social, Legal, and Moral Norms

  • Waving: Social
  • Requesting permission to enter class: Social
  • No smoking in high school: Legal
  • Getting married in a church: Religious
  • Helping an elderly person board a bus: Moral
  • Dress codes: Social
  • Paying taxes: Legal
  • Using eating utensils: Social
  • Tipping the delivery person: Social
  • Respecting parents: Moral

Characteristics of Different Norms

  • Social Norms: They are unilateral, heteronomous, uncontrollable, and their assessment is external.
  • Moral Norms: They are unilateral, demanding autonomy, uncontrollable, and the assessment is internal.
  • Religious Norms: They are unilateral, demanding autonomy, uncontrollable, and are valued internally.
  • Legal Norms: They are the only bilateral norms; they are heteronomous, coercible, and the assessment is external. Unlike other standards, they are mandatory or compulsory.

The Hierarchy and Principles of Legal Order

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The legal structure follows a hierarchy from senior to lower ranks, defining its general characteristics.

Key Principles of the Legal System

  • Hierarchy: If two different legal rules contradict, the highest-ranking standard takes precedence over the lower-level standard.
  • Repeal: If two rules issued by the competent organ contradict, the last one delivered in time revokes the previous one.
  • Competence (Function): If two rules of equal rank contradict, the one issued by a competent body remains.

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