A Rule That Requires or Prohibits Certain Behavior

We face rules in many situations: No talking or sleeping during class; wait for your turn before rolling the dice in Monopoly, no drinking alcohol while driving; no shoplifting; no unsubstantiated health claims in an advertisement; and so on. We tend to think of rules as restrictions, but they can also be requirements: You must disclose foreign income on your tax return; you must obtain a driver’s license before driving a car; tobacco companies must disclose health risks on cigarette packaging; and so on.

A Range of Consequences for Violations of the Rule

Some rules have vague consequences. For example, what is the penalty for talking in class? Being asked to stop? Being asked to leave the room? A lower class participation grade? Other rules have specific consequences, including monetary fines, license revocation, or jail or prison time.

A Procedure for Determining When a Violation Has Occurred

Many violations are determined on an ad hoc basis. When you and your sister complain about each other to your parents, they often create the rule (and the punishment) on the spot! Referees and umpires in professional and amateur sports are tasked with enforcing the rules of the game. In the criminal justice system, there are an array of detailed procedures for determining when a violation has occurred.

Who Gets to Make the Rules and How?

We first learn rules from our parents, who have godlike power over us and can impose arbitrary rules on a whim. Voluntary organizations also have their own rules (and procedures for making them). For example, Penn State has countless rules and guidelines for faculty, staff, and students. Some are imposed by the central administration (president, provost, deans, etc.), while other rules are created by the University Faculty Senate. This raises the issue of jurisdiction—how far does an entity’s authority extend? For example, at Penn State, the faculty senate has some authority over curricular issues and whether a new major or course can be offered. But the faculty senate has little authority or jurisdiction over decisions about landscaping or building maintenance. Instead, it is the president of the university who gets to make decisions about landscaping, budgeting, and so on.

Professional organizations, companies, clubs, and social groups can all create their own rules. The local hiking club can create rules regarding who can be a member, annual dues, appropriate behavior or attire on club outings, and so on. The Public Relations Society of America (PRSA) can set the requirements for membership and suspend or expel members who violate its code of ethics.

Who Has to Obey the Rules and Under What Circumstances?

We quickly learn who we have to obey—who has jurisdiction over us. We have to obey our parents—as long as we are living at home. But once we are adults and move into our own apartment or house, our parents’ power over us is substantially reduced (though guilt can be a pretty powerful enforcer even from a distance!). Another example is that PRSA’s code of ethics only extends to its members. If you are not a member of PRSA, it cannot punish you. Even if you are a PRSA member, its jurisdiction extends only to certain circumstances and situations. If you lie to or on behalf of a client, you may be expelled. But if you lie to your spouse or parents, that is beyond the purview or reach (or jurisdiction) of PRSA.

How Will the Rules and Consequences Be Enforced?

Most organizations have written procedures for (1) creating rules, (2) determining violations, and (3) enforcing consequences. This is true for organizations like PRSA, universities like Penn State, and local, state, and federal governments. The introductory textbook chapter assigned for this lesson (Mass Media Law, Chapter 1) details the various sources of law within the American legal system. What makes the legal system different from organizations like PRSA or Penn State is that the government has the power to enforce its rulings through coercion (confiscating money and property or physical incarceration in prison).