PHI 112.

02 - Technology and Modern Life

Prinn Larbpaiboonpong

(111588477)

Question #4

Word Count: 1,220 words

 In this paper, I will explain the difference between norms and laws and how these two are

applied in our society., I will show how Foucault thinks that norms are dominating society over

laws which make life more than just being alive. It is more for encouraging one’s quality of life

so that one can reproduce a better next generation in the future. I will also give an example of

norms that nurture life in our society that are currently debating.

In order to make people live in a society with the least amount of chaos, rules are applied

among people. Some of them are written rules that are enforced strictly. Breaking those rules

comes with a penalty; this could be going to jail, paying fines, or even death. These rules are

laws and everyone in society is expected to follow them no matter what. On top of laws, there is

another layer of rules that are unwritten and less strict. However, breaking these rules also comes

with consequences. Staring and ostracization from the community are some of the consequences

of breaking the rules. These consequences are meant to regulate one to do what is best for

society. These rules are called social norms.

Even though both of these rules are meant to create a standard for people in the

community. There are differences between laws and norms. Laws, written rules, are the judicial

system of society. It is clear if the action is legal or illegal. There is no gray area in the written

rule, either break it or not break it. As mentioned above, breaking these rules would cost a

penalty, if they get caught. On the other hand, norms have gray areas; there is no fine cut

between norms and not following the norms. They are determined based on the cultures and

locations of the community. What social norms are in the United States, might not be the norms

in Japan. Even though norms might be different among many places, they mainly focus on

reinforcing one to do good things for one’s society and to reduce chaos. Laws are not enough to

create a community that nurtures life, therefore, norms are created.

1
 The History of Sexuality Volume I: An Introduction, written by Michel Foucault,

mentioned that biopower operates primarily on norms as it preserves life. Society fosters one

within the norms and disallows one when one is out of their norms. It focuses on the entire

population and creates the norms which are best for the whole population, not only the ones who

have power. Following the norm allows the population to go beyond life/death situations but

nurturing life and making the population have a better quality of life as they do not rely on

punishment and death to shape one's behavior. Instead, the norm highly encourages members of

the community to have a certain belief or act in a certain way.

As Foucault mentions in the book, “The law always refers to the sword. But a power

whose task is to take charge of life needs continuous regulatory and corrective mechanisms. It is

no longer a matter of bringing death into play in the field of sovereignty, but of distributing the

living in the domain of value and utility.”1 He explained that laws are made to punish ones who

did not follow the law and this could cause death. However, laws are no longer dominant in the

current society as one needs more than just to be alive. Therefore, norms come into play which

creates a guideline for one to follow. Many rules have been treated like norms, therefore, even

though one breaks some of those rules, they may not face death. If one does not follow the social

norms, one would be corrected by others in society. There are consequences when someone

breaks the norm, but none of them are dead. Norms are created to nurture life, making life more

than just about surviving.

Another example demonstrates that Foucault thinks norms create more than a basic

command of living like having a life, but making an individual a living being, “one no longer

1
Michel Foucault, The History of Sexuality: Volume I; An Introduction, trans. Robert Hurley (New York: Vintage
Books, 1978), 144.

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aspired toward the coming of the emperor of the poor, or the kingdom of the latter days, or even

the restoration of our imagined ancestral rights; what was demanded and what served as an

objective was life, understood as the basic needs, man’s concrete essence, the realization of his

potential, a plenitude of the possible.”2 As mentioned above, one’s life is now more than just

staying alive. Therefore, even though laws are still applied, norms are more important to

purpose. Norms preserve life and maintain its quality so that when one reproduces the next

generation, they are healthy, well-functioning bodies and reproduce healthy and well-functioning

bodies.

In our society, one example that applies this concept is vaccination, especially the

COVID-19 vaccination that recently came out this year. Getting vaccinated prevents one from

getting infected with many deadly diseases such as polio and meningitis. Once someone is born,

there are lists of vaccinations that doctors recommended the infant to get. Some of these deadly

diseases could be prevented by getting shots since birth. Some of these diseases barely existed in

humans anymore since everyone got vaccinated and the virus or bacteria could no longer spread.

Even though this decision was made for an individual, it improves the quality of life for the

whole community. The more people that get vaccinated, the less chance the virus or bacteria

could spread to one another and affect our healthy life. Since one lives longer and healthier, they

will reproduce a better generation that has fewer diseases to worry about and a higher chance to

live and reproduce.

Even though there are laws about vaccination, one does not have to. This demonstrates

how laws are treated more like norms nowadays. In additionally, this shows how people who get

2
Michel Foucault, The History of Sexuality: Volume I; An Introduction, trans. Robert Hurley (New York: Vintage
Books, 1978), 145.

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vaccinated are following the norms of society. Contrarily, there are people who would not follow

the norms for personal reasons. These reasons could be as simple as they are not strong enough

to get vaccinated or it could be as complicated as their beliefs are against any type of unnatural

creation. For those people who are not strong enough to get vaccinated, they rely on other people

in the society to get vaccinated so that they would not get sick from those contagious diseases.

Therefore, these norms are created to nurture all lives in society even though not everyone could

follow the norm.

Both norms and laws are created standards for people in society to follow and live

together. In the past, laws used to rule over everything else and the point is to protect the

powerful figure such as the king, Failing to follow the rule could cause death. Therefore, laws

are created to decide if one can live. On the other hand, norms are created to preserve life and

make life means more than just staying alive which Foucault mentioned as ‘biopower.’ Looking

from the macro perspective, this would create a better society for the next generation. In the

micro perspective, an individual, being in the norms might not be an option, but as long as most

people behave in the norms, it will drive society forward and nurture life to create more life.