Functions and types of social norms. Social norms: types, functions, role in human life

Means of regulation

Classification of values. Mechanisms of emergence and action of values.

Social values ​​and value orientations.

Questions

1. Social norms: concept, functions, classification, means of regulation.

1. Social norms: concept, functions, classification,

Society has an inherent need to preserve its integrity. Reflected in the public consciousness, this need turns into the form of appropriate social ideals, assessments, norms, values.

Norms, values ​​and orientations - essential elements society and regulators of social activity of people.

Under social norms most often they understand the totality of requirements and expectations that a social community (group), organization, class and society imposes on its members in order to carry out activities (behavior) of the established pattern.

The social norm is one of the complex forms of expression of social relations. It consists of many elements, each of which has different properties that can also change within a fairly wide range. The social norm embodies the public will, a conscious social necessity. This is what distinguishes it from the so-called quasinorm. The latter are most often of a rough, violent nature, fetter initiative, creativity.

Social norms have passed a long historical path, along with the development of society. On initial stage Humanity social norms constituted something unified. However, as society stratified, differentiation occurred. social norms, the diversity and number of social norms increased.

The social norm performs the following functions: socializes the individual; motivates and evaluates behavior; unifies activities; socially orients; reconcile interests and means of control.

Each of the functions of social norms is not absolutely independent, but interacts with others. In addition, the manifestation of any of the functions depends on the variety of social norms. The content of the function is determined by specific historical conditions, the economic base, the political system, social structure and so on.

The main social purpose of the social norm can be formulated as regulation of social relations and behavior of people.

Regulation of relations through social norms provides voluntary and conscious cooperation of people. This is very important because long-term stability, harmony and progress in society cannot be achieved through violence and coercion, through political, ideological and psychological manipulation of people. Such means (methods) entail a response psychological and other reaction of rejection of the source of such coercion.

Social norms coordinate the actions of individuals and groups, bring them into line with the interests of the group and society.

The functional role of social norms lies, first of all, in the fact that the social subject acts in accordance with their prescriptions, or requires other subjects to behave appropriately.

The function of the norm is to exclude the influence of random, purely subjective motives and circumstances. Norms are designed to ensure the reliability, predictability, standardization and acceptance of behavior. They form expected behavior, understandable to the people around.

The social significance of the norm is largely determined by the content, relevance and direction of the transmitted information, as a result of which the social norm becomes the regulator of human behavior and social relations.

At the same time, various activities different societies not standardized to the same extent. The content and methods of regulation are different in different cultures.

In social norms, the boundaries of the obligatory and permissible are more or less precisely defined or implied.

Classification of norms

IN modern world, for the implementation of numerous and diverse goals of society, along with social norms, there are many other norms (technical, technological, economic, political, etc.). Under certain conditions, the so-called "non-social" norms can acquire a social character. For example, modern technical norms in the form of various standards, GOSTs, technical requirements acquire the status of social norms, their violation leads to severe, sometimes dramatic consequences. Social norms can be classified in many ways.

We can conditionally distinguish the following groups of norms:

1. General rules. norms, maintaining order in relations both in society as a whole and in its constituent groups.

2. Economic norms provide acceptable criteria for economic activity, expediency and professionalism, practicality and efficiency.

3. Political norms fix the obligation to support the general principles of the political system of their country, to fight according to the rules, observing the laws and the constitution.

4. cultural norms support stable principles of communication, interaction between individuals and different groups. So, it is customary to speak their own language, read and write, maintain the style and symbolism of their culture. A sharp rejection of the accepted norms can be considered as abnormal behavior.

5. The sphere of relations between citizens and social institutions in a democratic society is regulated legal regulations.

There are norms of scientific activity, norms characteristic of military personnel, norms of behavior of artists and cultural figures, and the political elite.

In most cultures, there are fairly strict rules regarding the use of alcohol and drugs. There are no societies in which there would be no rules governing sexual relations. It is possible to single out norms prohibiting and norms stimulating, formal and informal.

to formal rules include legal laws as well as administrative and organizational rules. They are of an extremely formalized nature, controlled and supported by strictly defined means that are part of the system of social control.

to informal norms. relate naturally emerging patterns of behavior (mores, customs, etc.). The adoption of such norms occurs on an emotional, non-verbal level and in the course of direct communication and interaction between people. These norms are not only not discussed, but are relatively rarely realized. Their violation causes a general negative reaction, but the application of sanctions is informal, not clearly defined. Enforcement of informal norms is enforced public opinion.

An intermediate position between these two types is occupied by morality, ethics and fashion. This group of norms is well reflected in society and may even be presented in certain texts. But unlike formal norms (such as laws, rules), they have neither an unambiguous formulation nor a single codified source. The very possibility of defining and interpreting the content of these norms in different ways makes them the subject of constant discussion in society.

It is customary to distinguish between universal, national, class, group, interindividual norms.

The requirements arising from this variety of norms often diverge. The group may demand from its members actions condemned by society. Sometimes the group is tolerant of the violation of norms, the strict observance of which is required by society.

Norms have not only national significance, but also differentiated by social structures.

Social norms can be classified by scope(general, local), by importance(generally significant, relating to all members of society; special, extending to a limited circle of people; individual, relating to individual social actors), by the nature of the requirement and objective function(binding, forbidding, blocking, encouraging, etc.).

Norms can be divided into leading and auxiliary, basic and derivative, ordinary norms and meta-norms, i.e. actions, rules governing the relationship between the norms themselves within the normative system.

This is not a complete list of social norms. They are constantly produced and reproduced.

IN real life all types of social norms function, as a rule, not in isolation, but in dialectical interaction, in a complex, in a system, including both unity and contradiction, which requires an analysis of their causes and ways to resolve them.

What is the origin of the social norm, its origins?

The source of the norm may be tradition, public opinion, or a certain institutionally established social group of people. The way in which a norm is created can be the result of empirical and theoretical normative activity.

Empirical rule-making, which is historically earlier than theoretical, closely related to practical life and everyday consciousness. It is characterized by spontaneity, and as a rule, the absence of institutionalization. The theoretical rule-making is institutionalized, all norm-organization in the same case becomes the result of the activities of special social institutions, authorities (see: Sociological reference book / Under the general editorship of V.I. Volovich. - Kiev, 1990. S. 51 - 53.).

Some norms (for example, in the economy, in scientific and technical activity) are established consciously on the basis of a calculation or agreement. Others (in the sphere of public relations and everyday life) are supported by a centuries-old tradition.

The acceptance (assimilation) of a norm depends on the nature of its authority. For the addressee, its acceptance can be internal, emotional, experienced, or external, made on the basis of a rational decision or forced submission, in accordance with which the norms are divided into autogenous and heterogeneous, norms of introverts and norms of extroverts.

The depth of assimilation, acceptance of the norm by its addressee is significant, not requiring special coercive efforts.

sustainable norms are preserved for many generations, receive a moral justification, are often illuminated by the authority of religion and are supported by law.

Often the rules remain for a long time after they have lost their effectiveness, turning into empty rituals, into an outdated style, etc.

IN Everyday life of each person, the question often arises of how to act correctly in a given situation at work, in in public places, at home, in the family, or, in other words, how to coordinate their actions with the interests of the state, other people. In the overwhelming majority of cases, we learn the answer to the question of permissible, desirable and proper behavior from the social norms that have developed in society, in which the experience of many generations of people is accumulated in a general form.

To understand the nature of the norms, grounds and rules of social regulation in society, it is necessary to distinguish between two meanings of the term "norm". Firstly, the norm is the natural state of some object (process, relationship, system, etc.), constituted by its nature - the natural norm. Secondly, the norm is the guiding principle, rule of conduct associated with the consciousness and will of people, arising in the process of cultural development and social organization society is a social norm.

Thus, depending on the ratio of natural normativity and social regulation, at least four groups of normative regulators operating in society can be distinguished.

• 1. Natural norms that exist in the form of formulated knowledge about the normal, natural state of an object, determined by its nature. Such norms are formed, for example, by science.
• 2. Developed on the basis of knowledge of natural norms, the rules for working with technical and natural objects. Such rules are called technical norms.
• 3. Rules of conduct based on natural norms, or emerging in connection with their action. This includes most social norms.
• 4. Rules of conduct, the content of which is determined not so much by natural normativity as by the goals and objectives facing society, or by the needs of its particular sphere. These are some legal procedural norms, rituals, etc.

When discussing the role of law in the system of social normative regulation, the norms of the third and fourth groups are important; in the literature, it is customary to qualify them as social norms. They do not just exist and operate in society, but regulate social relations, people's behavior, normalize the life of society.

Social norms are characterized by the following features.

• 1. They are general rules. This means that social norms establish the rules of behavior in society, that is, they determine what the behavior of subjects can or should be from the point of view of the interests of society. At the same time, social norms operate continuously in time, have a multiplicity of action and are addressed to an indefinite circle of people (they do not have a specific addressee).
• 2. These norms arise in connection with the volitional, conscious activity of people. Some social norms are created in the process of target activity, others arise in repeatedly repeated acts of behavior, are not separated from the behavior itself and act as its samples and stereotypes, others are formed in the form of principles that are fixed in the public consciousness, etc. In other words, the analyzed norms correlate differently with the will and consciousness of people, however, they always arise in connection with them.
• 3. These norms regulate the forms of social interaction between people, that is, they are aimed at regulating social relations and behavior in society.
• 4. They arise in the process historical development(as its factor and result) and the functioning of society. Social norms, being an element of society, reflect the processes of its development, influence their pace and nature, in a word, they have their place in the history of society, their historical destiny.

In addition, they stabilize the society, which means that they are included in the processes of its functioning, they are both a product and a regulator of these processes.

5. These norms correspond to the type of culture and the nature of the social organization of society. According to M. Weber, it is culture that allows people to give meaning to the world, to create a basis for judging the interaction of people1. Culture is expressed primarily in the content of social norms.

The formulation of a social norm and its characteristics can be defined in different ways. In particular, Professor R.A. Romashov gives the following definition: a social norm is an elementary standard that determines the meaning of social meaningful concept or principle, as well as fixing the structure and content of the primary variant (the simplest rule) of possible, proper, unacceptable behavior of subjects of public relations.

Common features of social norms are:

• - social character: with the help of social norms, social relations are regulated and protected;
• - provisional-binding nature: social norms determine the list and scope of opportunities (rights) and obligations (duties) of subjects participating in public relations;
• - guaranteed and sanctioned character: the normative consolidation of a particular social standard involves ensuring its implementation with the help of special conditions (mechanisms) - guarantees and protection by applying negative impact measures to the violator - sanctions.

With the help of social norms, social relations are regulated and protected in various social spheres(politics, economics, religion, in the legal sphere, etc.) 2 .

S.A. Komarov and A.V. Malko rightly point out that the objective nature of social norms is determined by the following circumstances:

• 1. Social norms arise from the objective need of society for self-regulation, in maintaining stability and order;
• 2. The norm arises in the process human activity, subjectively determined by the mode of production.
• 3. The norm is inseparable from the relations of exchange, the nature of which is also determined by the mode of production and distribution.

The general features of social norms are as follows: these are the rules for the behavior of people in society; norms are of a general nature (addressed to everyone and everyone), are created as a result of the conscious-volitional activity of people, their teams, organizations and are conditioned by the economic basis of society.

According to the methods of establishment and provision, they are classified into the norms of law, norms of morality (morality), customs, corporate norms (rules public organizations and others legal entities). Such a division in the legal literature is generally recognized.

There are other criteria for classifying social norms: according to the methods of formation (they are formed spontaneously or created consciously), according to the methods of consolidation or expression (oral or written form). Thus, a special place in the formation of social relations belongs to the entire system of normative regulation, because individual norms act as the most important social regulators included in the system of social relations, purposefully influence not only their development, but also their transformation 1 .

V.S. Nersesyants defines the social norm as recurring and stable social ties that arise in the process of people's activities in the exchange of material and spiritual benefits and express the need social systems in self-regulation 2 .

We can name at least three functions of social norms 1 .

• 1. Regulatory. These norms establish the rules of behavior in society, regulate social interaction. Regulating the life of society, they ensure the stability of its functioning, the maintenance of social processes in the required state, the orderliness of social relations, in a word, social norms support a certain systemic nature of society, the conditions for its existence as a single organism.
• 2. Estimated. Social norms act in public practice as criteria for attitudes towards certain actions, grounds for assessing the socially significant behavior of specific subjects (moral - immoral, legitimate - illegal).
• 3. Translational. It can be said that the achievements of mankind in the organization are concentrated in social norms. public life, created by generations of culture of relations, experience (including negative) of the social structure. In the form of social norms, this experience and culture are not only preserved, but also “transmitted” into the future, passed on to the next generations (through education, upbringing, enlightenment, etc.).

The analyzed norms have different content, depending on the nature of the relations they regulate. In addition, different social norms may arise different ways and on different basis. In this regard, both for theory and practice, the classification of social norms is important.

It is possible to classify social norms according to various criteria, however, the most common is their systematization on the basis of the scope and mechanisms (regulatory features).

According to the spheres of action, economic, political, religious, environmental and other norms are distinguished. The boundaries between them are drawn depending on the sphere of society in which they operate, on the nature of social relations, that is, the subject of regulation.

According to the mechanism (regulatory features), it is customary to single out morality, law, customs and corporate norms.

When talking about the mechanism, the regulatory specifics of the norms, they use the following main comparison criteria:

• - the process of forming norms;
• - forms of fixation (existence);
• - the nature of the regulatory impact;
• - ways and methods of providing.

With this approach, the specificity of the norms manifests itself quite clearly. This is achieved by the systematic use of criteria: some norms may not be clearly distinguished by one or two criteria, but they are always unambiguously separated by the sum of all four characteristics.

Despite the obvious differences in the definitions given by various scientists, they all proceed from the fact that social norms are the regulators of social relations existing in society between people, organizations, collectives, social groups, etc. holistic, dynamic system social norms is necessary condition life of society, means public administration, organization and functioning of the state, ensuring the coordinated interaction of people, human rights, stimulating the growth of the well-being of the people.

Social norms regulate not everything, but the most typical mass relations. Random connections, misdeeds, motives cannot be reflected in the norm. A norm is always a stereotype based on both internal motives and external determinants.

Social norms are very numerous and varied. This is due to the diversity of social relations themselves - the subject of regulation. In sociology, they are divided on various grounds into the corresponding types, classes, groups.

Legal science does not go into such a detailed and exhaustive classification, but subdivides these norms mainly from criteria such as methods of formation, environment of action, and social orientation. From this point of view, there are: legal norms, moral, political, aesthetic, religious, family, corporate, norms of customs, norms of culture, economic, universal norms. This is the generally accepted and most common classification.

The unifying principle of these norms is social, not technical. Despite the differences, they are interconnected and do not act in isolation from one another, in a "refined" form.

Such is the system of social regulators adopted in our society, as, indeed, in any other.

THEORY OF GOVERNMENT AND RIGHTS

Stock lecture on the topic:

"LAW IN THE SYSTEM OF SOCIAL NORMS"

PLAN:

Organizational and methodological guidelines…………...………………...…….. 4

List of used literature ………………………………………. 5

Introduction ………………………………………………………………………. 6 - 9

1. The concept, features and functions of social norms …………………................................ 9-12

2. Types of social norms….………….…………………………………………….12-15

3. Law in the system of social norms ………….………………………..……….15-34

Conclusions……………………………………………………………………... 34-35

Organizational and methodological instructions:

Objectives of the lecture:

1. Achievement of sufficiently clear ideas about the concept of normative regulation.

2. Highlight the main features and functions of social norms.

3. Describe the main types of social regulators (social norms).

4. Correlate law with the norms of customs, norms of traditions, norms of rituals, norms of morality (morality), corporate norms, political norms, religious norms, technical ones.

Methods and means of achieving educational goals:

The methodological basis of the lecture was the methods of dialectics, systemic complex, targeted approach to the problem under study, logical techniques, historical and legal methods: systemic, formal legal, comparative legal.

PLAN

LIST OF USED LITERATURE:

Main literature:

1. Antonov I.Yu. Social norms of the peoples of the Far North. The rite of purification in the life of the Nenets in a pre-state society // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. 2009. No. 3. S. 113-115.

2. Antonov I.Yu., Filant K.G., Kharyuchi S.N., Social norms of the indigenous peoples of the North of Russia. Ceremonies, customs, rituals, traditions, myths, morality, law. Monograph. - M.: Law and Law, UNITY-DANA, 2009. - 279 p.

3. Blyakhman B.Ya. Transformation of social norms into legal rules of legal systems // Law and education. 2007. No. 12. S. 64-71.

4. Galiev F.Kh. Social norms and legal culture in the prism of historical development // History of State and Law. 2010. No. 2. S. 5-9.

Additional literature:

1. Bashirova L.S. Social norms and their place in the system of public relations // Ontology and axiology of law. Abstracts of reports and reports of the Third International Scientific Conference (October 19-20, 2007). Omsk, 2007, pp. 78-81.

2. Voplenko N.N. Law in the system of social norms. Tutorial. Volgograd, 2003. 86 p.

3. Voplenko N.N. Social norms: issues of their knowledge and classification // Bulletin of Volgogradskogo state university. Scientific and theoretical journal. 2002. Issue. 5. S. 12-27.

4. Gaivoronskaya Ya.V. On the issue of understanding the social norm // Legal policy and legal life. 2003. No. 3. S. 135-140.

5. Plakhov V.D. Social norms and deviant behavior // Legal Thought. Scientific and practical journal. SPb., 2002. No. 2 (8). pp. 91-104.

INTRODUCTION

Normative regulation has developed in the process of the historical development of society. Already in the early stages of its existence, the first rules (norms) of behavior arose, the first rules for people to communicate with each other (for example, between older and younger). Similarly, during that period, rules for hunting, fishing and other types of food production arose. These rules were formed spontaneously, they were gradually strengthened, increasing with the expansion of human activity. The presence of certain rules (normativity) is inherent in human society from the very beginning; without them it would not be able to progress in its development.

Normativity means that people's relationships, life is about ­ societies flow according to certain rules and that these rules are intended to ensure a certain order, consistency in relationships as individuals , and large social groups. Through normative regulators (rules, norms), the stability and organization of a certain society, a specific organization of people is achieved, a certain system is maintained: society as a whole or part of it, which is part of this society as a certain element.

Normativity and human society are inseparable. A society in which there are no proper normative regulators is doomed to chaos, contradictions and discord.

Any society objectively needs normative changes. ­ gulyators (rules), since in order for people's actions to be directed in the direction necessary for this society, so that society is not blurred by directly opposite human aspirations, rules are needed that regulate people's actions, indicating behaviors acceptable to society.

The sources of these regulators can be economic, class, political, social, religious and other factors (reasons). It was the economic source of the need for regulatory regulation that F. Engels had in mind when he wrote that already at a very early stage in the development of society, there is a need to embrace as a general rule the acts of production, distribution and exchange of products that repeat every day and make sure that the individual person obeys general conditions of production and exchange. This rule, first expressed in custom, then becomes law.

If the source of the normative regulator was based on a religious factor, then this meant that the rules of behavior were given to people from above, they are divine, their observance is pleasing to God, and non-observance is a great sin, etc. Moreover, religious norms often regulated not only purely religious relations among believers, but also family, domestic relations, i.e., were the rules for everyone.

Class regulators (legal norms, a certain part of moral norms, etc.) expressed primarily the will of the ruling class, they were aimed at protecting the interests of the class that occupied a dominant position in society. The rules established by this class became obligatory for the whole society. These were, in the main, imperative (imperious) regulators prescribing proper behavior in the interests of the ruling (dominant) class. Of course, in any class society, rules were established that were necessary for the whole society (sanitary, environmental), but the indisputable priority belonged to the regulators, expressing the will and interests of the ruling class (slave owners, feudal lords, bourgeoisie, proletariat).

The main goal of regulatory regulation has always been, is and will be the preservation of the existing system, ensuring its stability.

Normative regulation is the way of organizing social relations, in which their unity, stability and order are achieved (S. S. Alekseev). The task of normative regulation is to streamline relations in society, a team, a certain society, to introduce uniformity and stability into social relations by establishing general rules (E. A. Lukasheva). Regulatory regulation is inherent in human society, since without the existence of common rules of conduct for all, a normal and prosperous existence of society is in principle impossible. Any society in the interests of self-preservation is forced to create rules that ensure its existence and development. These rules establish a certain order in the relations between members of society, prescribe (indicate) options for actions (actions) for them, and thereby predetermine the proper regulation, orderliness of this society. Therefore, regulatory regulators are considered not only objectively necessary, but also an expedient mechanism for ensuring organization in public relations.

As already noted, normative regulation is unthinkable without the existence of certain norms (rules) that people, their organizations, groups and even societies as a whole must follow. Professor P. E. Nedbaylo correctly characterized normative regulation as the establishment of rules in accordance with which the organization takes place, the consistency of the behavior of the subjects of social relations, the assessment and resolution of the facts of social life from the point of view of these rules.

Since the life of modern society is quite multifaceted and diverse, a variety of life situations constantly arise in it, and the participants in these relations have different goals and interests, it is quite natural that, over the long historical development of human society, a certain system of regulatory regulators, a system of various rules, has been formed in it. behavior. It includes rules based on moral and religious attitudes, economic and political interests, customs and traditions, rules for members of established organizations (corporate rules), etc.

The entire experience of world civilizations testifies that none of them can successfully develop without the presence of social normative regulators adequate to this civilization.

The value of normative regulation based on general rules of behavior (norms) lies in the fact that a norm is a ready-made solution for a person in a certain life situation, it is a ready-made variant of action, tested in advance and suggested to him by society, the state, a social group, etc. Namely this is the core value of regulation.

Thus, regulatory regulators are rules that are formed in society under the influence of economic, class, social, religious and other factors aimed at ensuring a normal (safe) existence and progressive development of society.

THE CONCEPT, SIGNS AND FUNCTIONS OF SOCIAL NORMS

Relations between people in society are ordered and subject to certain rules (norms). With the help of the norms, the standards of acceptable and unacceptable behavior are established, the actions performed by people are assessed, the procedures for resolving disputes and conflict situations are determined, as well as the measures of responsibility for non-compliance and violation of the instructions contained in the norms. Considering the inseparable connection of norms with the behavior of people in society, they were called social norms.

All social norms evaluate volitional actions people in terms of their direction (goal) and the resulting consequences (result). At the same time, one or another variant of behavior can be recognized as a social norm only if it reinforces a typical (repeated and recognized by a certain number of people) value judgment: good - bad, acceptable - unacceptable, possibly - impossible, etc. appropriate instructions, which in turn give rise to certain consequences. For example, killing people is bad - you can't kill people - the murder of one person by another entails the punishment of the killer.

The system of social norms is formed under the influence of various factors: the historical period, the level of technical and cultural development, the geopolitical situation, etc. As V. S. Nersesyants notes, the emergence of social norms and conscious regulatory regulation is associated with the transition from animal herds to human society, with the process of socialization of relations, with human behavior as a special natural-biological and social being. Historical development, the change of various norms of social life was inevitably accompanied by significant changes in the system of social regulation: some types of social norms died off and other types of social norms arose, the ratio and forms of interaction of social regulators (legal, moral, religious, political, etc.) changed. At the same time, in each society, the system of social norms contained and still contains) assessments of “good” and “evil” inherited from previous generations and developing under the influence of national tradition and “external factors”. These assessments, in turn, underlie the development by society of options (models, standards, samples) of possible, proper, unacceptable behavior.

Social norms are formed in the process community development, stable, recognized and supported by certain social groups (classes, national-ethnic groups, religious denominations, etc.) patterns (standards, models) of behavior of participants in social communication.

SOCIAL NORMS- general rules of regulation, forms of their social interaction that arise in the process of historical development and functioning of society, corresponding to the type of culture and the nature of its organization.

Social norms are characterized by the following features, in which they differ from other rules (technical, individual):

1. sociality- they are general rules. This means that social norms establish the rules of behavior in society, that is, they determine what the behavior of subjects can or should be from the point of view of the interests of society. At the same time, social norms operate continuously in time, have multiple actions and are addressed to an indefinite circle of people (they do not have a specific addressee).

2. normativity- social norms act as certain standards of behavior, are of a general nature: they are formulated as a general model of behavior; their addressees are not identified by name, but by indicating typical characteristics (sex, age, sanity, party or religious affiliation, etc.); they are designed for multiple use, that is, they come into effect whenever a standard situation stipulated by the norm arises.

These norms arise in connection with the volitional, conscious activity of people. Some social norms are created in the process of targeted activity, others arise in repeatedly repeated acts of behavior, are not separated from the behavior itself and act as its samples and stereotypes, others are formed in the form of principles that are fixed in the public consciousness, etc.

3. Regulate forms of social interaction between people , i.e. aimed at regulating social relations, behavior in society.

4. Combination of objectivity and subjectivity - they arise in the process of historical development and functioning of society. Social norms, being an element of society, reflect the processes of its development, influence their pace and character, in a word, they have their place in the history of society, their historical destiny.

5. cultural conditioning - these norms correspond to the type of culture and the nature of the social organization of society.

Functions of social norms:

1) Regulatory. These norms establish the rules of behavior in society, regulate social interaction. By regulating the life of society, they ensure the stability of its functioning, the maintenance of social processes in the required state, and the orderliness of social relations. In a word, social norms support a certain systemic nature of society, the conditions for its existence as a single organism.

2) Estimated . Social norms act in public practice as criteria for attitudes towards certain actions, the basis for assessing the socially significant behavior of specific subjects (moral - immoral, lawful - unlawful).

3) Translational. It can be said that the achievements of mankind in the organization of social life, the culture of relations created by generations, the experience (including negative) of the social structure are concentrated in social norms. In the form of social norms, this experience, culture is not only preserved, but also “transmitted” into the future, passed on to the next generations (through education, upbringing, enlightenment, etc.).

TYPES OF SOCIAL NORMS

Behavior patterns established in practice, receiving public awareness, assessment, can be transformed into formulated rules, or they can be preserved in the form of habits and stereotypes. Other norms are formed on the basis of ideas dominating in the public mind about the foundations and principles of social organization. The third are formed as the most expedient, optimal rules for a given society (for example, procedural rules).

Social norms are very numerous and diverse, which is associated with the richness and heterogeneity of social relations. Therefore, the classification of social norms can be carried out on various grounds.

I. Depending on the spheres of society, in which social norms operate, they are divided into political, economic, religious, etc.

1) As an example political norms, which until now have not received their legislative (legal) consolidation in modern Russia, norms regulating the activities of the parliamentary lobby can be named. In accordance with the Constitution, the Russian parliament (Federal Assembly) adopts laws on behalf of the entire people, however, the main role in the process of direct adoption of the law (voting on the draft law) is played by deputy factions representing in the State Duma Federal Assembly corporate interests of individual political parties. At the same time, it is political norms that regulate the conditions for the formation of a lobby and determine the procedure for its functioning.

2) Economic norms regulate relations in the sphere of production and distribution of material goods. The main rule (norm) of economic development is to maintain a proportional balance between production and consumption. Violation of this rule entails an economic crisis caused, depending on the circumstances, by a shortage of goods or overproduction of goods.

3) Religious norms regulate the procedure for the organization and functioning of the sphere of cult relations related to the formation and implementation of religious beliefs. Among the religious ones are the rules that establish religious holidays and memorable dates, regulate the relations of believers within their own confession and in relation to representatives of another religion, etc.

Depending on the method of education, spontaneous (formed spontaneously) and directive (created as a result of purposeful rule-making activity) norms are distinguished.

4) As spontaneous one should consider the norms of customs that are formed as a result of the repeated repetition of a socially significant phenomenon, which, precisely because of its repetition, begins to be considered as a pattern.

5) To the number directives include the rules established by some subjects of social activity in relation to others. So, according to Yu. Lotman, the "regular" state of Peter I was aware of itself as a system of decrees and rules. At the same time, it was implied that the living existence of culture is only the realization of these norms. "Custom" - life not elevated to the rank of "grammar" - was systematically destroyed. She was identified with ignorance, backwardness, "stiffness". Reasonable and progressive was conceived only as "regular". State activity was conceived as the introduction of "regulations" with the subsequent transformation of life according to their model.

II. By the nature of the impact on the social environment norms are divided into progressive and regressive.

1) progressive norms contribute to the introduction of positive changes in social relations. In particular, despite the ambiguity of assessments, most of the researchers consider those transformations that were caused by the reforms of Peter I to be progressive. At the same time, the reform processes were regulated not only by legal, but also by religious and moral norms, rules of etiquette, etc.

2) Regressive norms have a destructive effect on social relations. As an example of regressive norms, the rules of acculturation of the local population that took place during the colonization of Brazil can be cited. The active application of these rules led to the fact that from 1900 to 1950 100 tribes died out in Brazil. The number of surviving tribes decreased by an average of 60-80% 2 .

III. By social orientation stand out:

1) legal norms, 2) moral; 3) political; 4) aesthetic; 5) religious; 6) family; 7) corporate; 8) norms of customs, traditions, habits; 9) business habits; 10) rules of etiquette, correctness, decency, ceremonies, rituals.

Noting the diversity of types and forms of social norms, it can be stated that there is normative pluralism in society at all stages of its development. At the same time, as I. Yu. Kozlikhin rightly noted, “the normative systems that exist in society can be both complementary and competitive. But, as a rule, if society is not in a state of anomie and chaos, one of the regulatory systems is the leading one, the one that ensures social solidarity, that is, it performs an integrative function. This can be not only a legal normative system, but also a traditional, moral, religious, ideological, etc.”

Legislation- a system of legislative acts adopted by the legislative (representative) body or directly by the population and acting on the territory of the country.

social norms-- universally recognized rules, patterns of behavior, standards of activity that ensure orderliness, stability and stability of social interaction between individuals and social groups. The set of norms that are in force in a particular community constitutes an integral system, the various elements of which are interdependent. legislation social regulation

Types of social norms

group habits-- norms of small groups. They appear and continue to exist only in small groups (families, sports teams, friendly companies).

General rules -- norms large groups(society as a whole). These are manners, traditions, etiquette. Each social group has its own customs, rules of conduct, traditions. There are manners of behavior of older people, national customs.

normativity social behavior is directly related to the role functions of a person in society as a whole, a social group. These functions are determined by his status in such a group. The social norm instilled in an individual, group and society dictates the behavior that will be expected. Stereotypes are formed, a person's vision of his proper behavior.

Functions of social norms

integration of individuals into groups, and groups into society;

regulation of the general course of socialization;

controlling deviant behavior;

formation of models, standards of behavior.

Achieving this with the help of social norms occurs as follows:

social norms These are the duties of one person in relation to another or other people. Restricting students to communicate with the school principal more often than with their teachers obliges each student to fulfill the required norms of behavior, certain obligations with other students, teachers and the school principal. Consequently, social norms determine the formation of a network of social relations of a group, society.

social norms are the expectations of the small group, large group, society as a whole. From each person who observes social norms, others expect a certain behavior. When the passengers public transport first they leave it, and only then others enter, an organized interaction appears. When the norm is violated, collisions and disorder arise. Consequently, social norms determine the formation of a system of social interaction, which includes motives, goals, orientation of the subjects of action, action, expectation, evaluation and means.

Social norms perform their own functions depending on the quality in which they manifest themselves:

as standards of conduct (rules, requirements, duties);

as expectations of behavior (stereotypes, reactions of other people).

Social norms are universal. The social norm, fixing any rule of behavior, affects not a specific individual, but all people in similar situations. Social norms are characterized by:

uncertainty of the addressee (to someone who is in a specific capacity, in specific conditions provided for by social norms);

universality of application (in acts of social relations, production, exchange, interaction of individuals);

repeated repetition (a criterion of the historical process, denoting the pattern of development).

The social norm fixes the act of activity, which in practice has become established in life. Therefore, committed actions become an unspoken rule. The social norm determines the formation of the purposeful activity of each individual, which is determined by objective factors. These factors give social norms the so-called "objective power".

Social norms also presuppose the relative freedom of human behavior, which each person feels when he acts in accordance with social rules, although he could neglect them. At the same time, when a person violates the rules of conduct, he must be prepared to undergo a certain kind of sanctions, by applying which the society ensures that individuals respect the social rules.

With the help of social norms, society seeks to ensure the implementation of certain social functions. The implementation of these functions is public interest. This public interest is not necessarily, in the full sense of the word, the interest of the predominant part of society. However, it is social in the sense that, with the help of social norms, it ensures the coordination and coordination of the actions of individuals in order to successfully unfold, first of all, the process of social production that ensures the existence of society at a given stage of its development.

• - all social norms operating in modern society are divided on two grounds:
  • a) the method of creation;
  • b) means of protecting their claims from violations.

Based on this, the following types of social norms are distinguished. Rules of law are generally binding rules of conduct that are established or sanctioned (recognized) by the state and protected by its coercive force. Norms of morality (morality) - the rules of behavior that are established in society in accordance with the moral ideas of people about good and evil. justice and injustice, duty, honor, dignity and are protected by the power of public opinion or inner conviction. The norms of public organizations (corporate) are the rules of conduct contained in the charters, programs and other documents of parties, trade unions, public associations, mass movements. These norms are obligatory only for members of these public formations and are protected with the help of measures of public influence provided for in statutory documents these organizations. Religious norms regulate relations between believers, their participation in worship, the order of worship, etc. Religious norms for thousands of years have regulated relations not only between members of religious communities, but have also been used. as legal norms (in particular, when regulating family and marriage relations, land use, inheritance, etc.). They are found in religious books (Old Testament, New Testament, Koran, Talmud, Buddhist religious books, etc.). The norms of customs are the rules of behavior that have developed in society under certain conditions and as a result of their repeated repetition, which have become a habit of people. The peculiarity of these norms of behavior lies in the fact that they are carried out by force of habit, which has become a natural vital need of a person. Their implementation is carried out, as a rule, without thinking about the origin of the norm due to emotional perception and a certain automatism. The norms of traditions are the rules of conduct (a special guide of customs), acting in the form of the most general and stable areas of human activity, associated with a certain spiritual make-up of the individual, his worldview (for example, family, professional, military, national and other traditions). Therefore, the tradition can be eradicated by ideological influence on people. On the contrary, a custom can only be superseded by another custom. The norms of rituals are a kind of social norms that determine the rules of people's behavior when performing rituals and are protected by measures of moral influence. Ritual norms are widely used during national holidays, marriages, official meetings of state and public figures and official receptions (banquets). A feature of the implementation of ritual norms is their colorfulness and theatricality. The division of social norms is carried out not only by the method of their establishment and protection, but also by content. On this basis, political, technical, labor, family, norms of culture, religion, etc. are distinguished. All social norms in their totality and interconnection are called the rules of human society.

In the most general sense, social regulation is understood as a process immanent in society and determining the social order.

A concrete social order is established as a result of the action of many of the most various factors. Among them are the following.

1. The so-called "spontaneous" regulators as a direct manifestation of the natural laws of nature and society. The factors of spontaneous regulation are of a natural nature and can be expressed in the form of specific events of a general social scale, economic phenomena, phenomena of mass behavior, etc. These are, for example, an increase in life expectancy, massive seasonal diseases, demographic processes, population migration, inflationary expectations and etc. In their quest for order, society and the state strive to take these factors under their control, but this is far from always possible. Sometimes their influence is not reflected at all by the public consciousness or is reflected inadequately.

2. Social norms as regulators associated with the will and consciousness of people.

3. Acts of individual regulation, acting as a targeted, targeted impact of subjects on each other.

These factors can play both a stabilizing and a destabilizing role in society. True, it is generally accepted in the legal literature that the stabilization and streamlining of social relations are ensured by the action of social norms and acts of individual regulation, and the action of spontaneous regulators acts as a factor of destabilizing influence. However, if the criterion of sustainable functioning of society is taken as the basis for the assessment, then all regulatory factors can have both a positive and a negative impact. At the same time, the functional characteristic of stabilization, streamlining of social relations should be attributed primarily to social norms.

To understand the nature of the norms, grounds and rules of social regulation in society, it is necessary to distinguish between two meanings of the term "norm". First, there is a norm natural state some object (process, relationship, system, etc.), constituted by its nature - a natural norm. Second, the norm is guiding principle, rule of conduct, associated with the consciousness and will of people, arising in the process of cultural development and social organization of society - a social norm.

The norms that really operate in people's lives cannot be unambiguously attributed to natural or social norms.

1. Natural norms that exist in the form of formulated knowledge about the normal, natural state of an object, determined by its nature. Such norms are formed, for example, by science.

2. Rules for working with technical and natural objects developed on the basis of knowledge of natural norms. Such rules are called technical norms.

3. Rules of conduct based on natural norms or emerging in connection with their action. This includes most social norms.

4. Rules of conduct, the content of which is determined not so much by natural normativity as by the goals and objectives facing society, or by the needs of its particular sphere. These are some legal procedural rules, rituals, etc.

When discussing the role of law in the system of social normative regulation, the norms of the third and fourth groups are important; in the literature, it is customary to qualify them as social norms. They do not just exist and operate in society, but regulate social relations, people's behavior, normalize the life of society. Social norms are characterized by the following features. 1. They are general rules. The above means that social norms establish the rules of behavior in society, i.e.

2. These norms arise in connection with the volitional, conscious activity of people. Some social norms are created in the process of target activity, others arise in repeatedly repeated acts of behavior, are not separated from the behavior itself and act as its samples and stereotypes, others are formed in the form of principles that are fixed in the public consciousness, etc. In other words, the analyzed norms correlate in different ways with the will and consciousness of people, but always arise in connection with them.

3. These norms regulate the forms of social interaction between people, i.e., they are aimed at regulating social relations and behavior in society.

4. They arise in the process of historical development (as its factor and result) and the functioning of society. Social norms, being an element of society, reflect the processes of its development, influence their pace and nature, in a word, they have their place in the history of society, their historical destiny.

In addition, they stabilize the society, which means that they are included in the processes of its functioning, they are both a product and a regulator of these processes.

5. These norms correspond to the type of culture and the nature of the social organization of society. According to M. Weber, it is culture that allows people to give meaning to the world, to create a basis for judging the interaction of people. Culture is expressed primarily in the content of social norms. From this point of view, it is not difficult to notice the differences in social norms in societies belonging to different cultural traditions, for example, European and Asian. We can say that the representation of cultural differences in the norms is no less distinct than in religious and philosophical teachings, value systems, etc.

The nature of the organization of society to a greater extent affects the significance of one or another type of norms in society, on the connections of norms in the social normative system. So, in non-state-organized societies, customs and traditions dominate, and in states - morality and law.

Thus, social norms are general rules related to the will and consciousness of people for regulating the form of their social interaction that arise in the process of historical development and the functioning of society, corresponding to the type of culture and the nature of its organization.

From the above definition, it can be seen that in the legal literature, social norms are mainly considered as regulators of social relations. But more generally, their role is not limited to this function. Based on the foregoing, at least three functions of social norms can be named.

Regulatory. These norms establish the rules of behavior in society, regulate social interaction. By regulating the life of society, they ensure the stability of its functioning, the maintenance of social processes in the required state, and the orderliness of social relations. In a word, social norms support a certain systemic nature of society, the conditions for its existence as a single organism.

Estimated. Social norms act in public practice as criteria for attitudes towards certain actions, the basis for assessing the socially significant behavior of specific subjects (moral - immoral, lawful - unlawful).

Translational. It can be said that the achievements of mankind in the organization of social life, the culture of relations created by generations, the experience (including negative) of the social structure are concentrated in social norms. In the form of social norms, this experience, culture is not only preserved, but also “transmitted” into the future, passed on to the next generations (through education, upbringing, enlightenment, etc.).

The analyzed norms have different content, depending on the nature of the relations they regulate. In addition, different social norms can arise in different ways and on different basis. Some norms, being initially directly included in activity, are not distinguished from behavior and are its element. Established in practice, examples of such behavior, receiving public awareness, assessment, can be transformed into formulated rules, or can be preserved in the form of habits and stereotypes. Other norms are formed on the basis of ideas dominating in the public mind about the foundations and principles of social organization. The third are formed as the most expedient, optimal rules for a given society (for example, procedural rules). In this regard, both for theory and practice, the classification of social norms is of no small importance.

It is possible to classify social norms according to various criteria, but the most common is their systematization on the basis of the scope and mechanism (regulatory features).

By scope distinguish between economic, political, religious, environmental, etc. The boundaries between them are drawn depending on the sphere of society in which they operate, on the nature of social relations, that is, the subject of regulation.

By mechanism (regulatory features) It is customary to single out morality, law, customs and corporate norms.

When talking about the mechanism, the regulatory specifics of the norms, they use the following main criteria for comparison: the process of forming norms; forms of fixation (existence); the nature of the regulatory impact; ways and methods of providing. With this approach, the specificity of the norms manifests itself quite clearly. This is achieved by the systematic use of criteria: some norms may not differ clearly enough according to one or two criteria, but they are always unambiguously separated by the sum of all four characteristics.