Norms and "common sense"

Laws have a normative effect: most people like to comply with the law. There are incentives to do so. Companies have reputations to establish, auditors to respond to and regulators to deal with. People have peer group pressure, children to instruct, parents to please and neighbours to live with.

Complying with the law can be described as doing the right thing. If one is to do the right thing it is first necessary to know what the right thing is.

Media concern with the extraordinary obligations imposed during the current pandemic lock-down in Melbourne are understandable and proper. Commentators ask, how will some of these limitations be enforced? How will anyone know whether you have been shopping twice in a day (when the limit is once per day)?

The Premier typically responds with calls to common sense. He might more accurately have said that the restrictions are normative - they identify actions which constitute good behaviour. If laws are well publicised and explained (“socialised”) a high level of compliance can be achieved. Laws do not rely entirely on courts and infringement notices (though enforcement has to be part of the mix - for those who do not choose to comply).