FA Hayek, a father to Austrian Economics, has a book titled Law, Legislation and Liberty. In it he compares laws vs. legislation. Law is the organic order of mankind that grows out of societal norms, whereas legislation is enactments by governments and congress. Walter E. Williams, in this FEE post from 2009, summarized how to look at law:
Customs, traditions, mores, and rules of etiquette, not laws and government regulations, are what make for a civilized society. These behavioral norms, mostly transmitted by example, word-of-mouth, and religious teachings, represent a body of wisdom distilled through ages of experience, trial, and error.
The societal norms that create civilized society are the status quo we live in today.
Status Quo as a Law
Legislation, the creation of legal precedent by the state, can be held above citizens based on government agencies. If you violate legislation you can be ticketed, arrested, tried, and/or jailed. However, law – the natural social order, also referred to as the status quo – doesn’t have such strong penalties for violators.
Understanding the Difference: Law vs Legislation
Since status quo is merely a law, we can violate the law when it’s best fit. Part of living free is developing an understanding of this difference. Some social norms can be for our benefit, but there are certain norms that, if broken, can result in a freer lifestyle. A major one that comes to mind is education.
There is no federal requirement that says all persons must have a college education. There isn’t even a federal requirement for completing grade school. But there is a strong social norm that pushes people into the education mindset: grade school, high school, college, and beyond, but this is merely a social law. We can break this law without the fear of punishment via penalties or jail time. We can opt out of the status quo.
Breaking the Status Quo
Education is only one area of social norms. There are plenty of others like materialism (keeping up with the Joneses), loyalty to employers, and many other examples of the status quo. It’s important to remember these are only laws, they aren’t legislation. There is no government mandate exclaiming we must live by the rules society deems to be right. There’s nothing that says we have to do the things only our friends and family approve of.
I am not suggesting anarchy, or purposefully breaking societal norms as rebellion. What I am suggesting is looking at the society we live in. Examining the kind of person we want to become. And understanding if what’s holding us back is an act of legislation or if it’s only the status quo trying to make us stay within the confines of society. We can break the status quo and thrive, but it starts with a general understanding of law vs. legislation.