About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

2014 Hungarian Y.B. Int'l L. & Eur. L. 403 (2014)
How to Regulate: The Role of Self-Regulation and Co-Regulation

handle is hein.journals/huyiel2014 and id is 419 raw text is: 25 How To REGULATE? THE ROLE OF SELF-REGULATION AND CO-REGULATION Ldrdnt Csink and Annamdria Mayer* 25.1 THE NECESSITY To REGULATE 'It is not good that the man should be alone - this truth of the Bible is also confirmed by numerous studies in sociology and psychology. Humans are fundamentally social beings. However, empirical evidence shows that it is not necessarily good to be with others, either. Thus, the fundamental paradox of sociology is that humans are social beings, but life in a community is not necessarily smooth; bellum omnia contra omnes - the war of all against all - constitutes the 'state of nature', as Hobbes points out. It is a fundamental recognition that the social relations of human beings - i.e. the description of behaviour expected or to be refrained from when interacting with others - must be regulated. There needs to be an order, an authority that influences the actions of individuals with a view to social coexistence. Consequently, social norms date back to the emergence of human societies. A multitude of norms describe the various forms of correct and expected behaviour, capable of influencing and controlling human behaviour.2 In this context, norms constitute the authority that defines the rules of behaviour. If the objective of a norm is recognised to be the regulation of relationships within society, a norm can be deemed 'successful' if it is complied with in general. The occasional breach of a norm in itself does not render the norm unsuccessful. However, the norm becomes pointless if non-compliance reaches a critical threshold. Consider the following example: a traffic sign (e.g. a stop sign) represents a norm as it imposes a mandatory rule of behaviour: 'stop here and let those travelling the main road pass!' The purpose of this norm is to make traffic predictable, so that those driving on the main road will know for sure that they will be allowed to pass. Ideally, a driver facing a stop sign does not consider whether or not the given sign makes any sense at its given Associate professor, PAzminy Peter Catholic University, Faculty of Law; Head of unit, Office of the Commis- sioner for Fundamental Rights. E-mail: csink.lorant@ajbh.hu. Legal advisor, Ministry of Justice. E-mail:annamaria.mayer@im.gov.hu. The authors would like to thank the Institute for Media Studies for their contribution to the preparation of the present paper. 1 Genesis 2; 18. 2 Regarding the obligatory nature of the law, see J. Raz, The Authority of Law: Essays on Law and Morality, Clarendon Press, Oxford, 1979. 403

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most