We explain what the legal norms are, the characteristics of the legal norm, how they are classified and various examples. In addition, other types of standards. Legal norms have three essential characteristics that distinguish them from others, such as: As a conceptual rival of utilitarianism, ethical moral theories explore the concept of duty with its correlative notions of rights and permission. An individual can determine the “correctness” of his or her action by examining whether it is required, prohibited, or permitted by a moral rule. By applying this concept to criminal law in normative legal theory, it is reflected when an act cannot be a crime unless it violates a moral duty and theories of retaliation for punishment. [7] There is a similar classification, known as the Haryana classification (proposed by the English legal philosopher Herbert Adolphus Hart, 1907-1992), which distinguishes legal norms according to the same criteria, but as follows: “I will beat you if you beat me” is not a legal norm, but a threat. A legal norm is a binding rule, principle or norm that sovereign power organizations proclaim and apply to govern social relations. Legal norms determine the rights and obligations of persons who are the subject of legal relations within the respective jurisdiction at a given time. The competent state authorities promulgate and publish the fundamental aspects of legal norms through a set of laws to which individuals must comply under this government, which is further guaranteed by state coercion. There are two categories of legal norms: normativity, which regulates the behavior of people, and generality, which is binding on an indefinite number of people and cases. Diplomatic and legislative immunity refers to cases where legal norms are directed at a minority and, in particular, are binding only on them, such as soldiers and civil servants. [1] Legal norms are validated within the framework of the legal system from the moment they are published and enter into force as soon as they are binding on legal persons. The Latin expression “vacatio legis” refers to the period between the validity and effect of a legal norm.
Since the validity of a State governed by the rule of law is limited from the moment of its adoption by legal institutions, the passage of time may lead to its termination. Legal norms may be repealed either by express derogation by the competent authority of the State or by automatic derogation, in which the organization concerned adopts a new normative act regulating the same relations and effectively replacing the old one. [1] Legal norms form the basis of legal systems. Its structure can be illustrated by means of an ontological model that shows how codes of conduct established by legal norms influence the creation and application of legislation. [12] Scott Shapiro`s theory of planning law[2] is based on two concepts: the nature of legal institutions and the nature of legal norms. The Planning Theory thesis supports how legal norms function as common plans that implement legal institutions to exercise social control and governance, regardless of the moral merits of those norms and institutions. [3] On the other hand, many legal regulations reflect and derive from moral norms. For example, the concept of animal rights comes from the moral norms of recent times and is already beginning to be reflected in the legal norms of some countries. A legal standard sets a standard of conduct. As a standard, it can therefore remain even if it is broken.
Norms can be distinguished from causal laws that must be reinterpreted if an exception is found. Language signals help us determine what the norm is. Thus, “should”, “must”, “should”, “must”, “good”, “bad”, “good”, “bad” and so on are characteristic of the explanation of norms, while words such as “is”, “are”, “were”, “will”, “possible”, “impossible” tend to show descriptive rules. These linguistic signals reflect a difference, they do not represent it. There are many counter-examples: “Swimming is forbidden” and “we should be at the Pass now” express normativity or description. While positive fact-based legal theory explains the causes and effects of the application of law, normative legal theory informs about what law should be by navigating through the values and motives that underlie legal action, the enactment of laws, and judicial law. Legal theorists use the word “normative” in its general sense, which includes legal norms, social norms, and moral norms. Normative legal theories are highly evaluative and closely related to moral and political theories. An example that highlights the differences between positive legal theory and normative legal theory is presented by comparing their approaches to tort law. While positive theory attempts to explain what causal forces have produced the existing principles of tort, normative theory determines which rules of tortious liability would be most justified.
[6] A legal norm is derived from the sources of the law, and its application and interpretation depend on: Traditionally, the systems of retrieving legislation and searching texts on the retrieval of texts were based, in which a lawyer had to enter certain words in order to acquire the section of the legislation that was of interest. This was very ineffective, as the rule of law can be fragmented, with ownership of the legal system governing a legal norm in a social relationship being contained in different pieces of legislation. The fragmentation of legal standards has thus exacerbated the ineffectiveness of law enforcement and created high obstacles for lawyers with regard to legal research and in particular for people who wanted to retrieve legislative information but had no legal training. The ontological model provided an effective solution by categorizing legislation according to the importance of the legal standard it contains, thus improving both the clarity and effectiveness of research. [12] Normally, legal norms differ from religious norms and other forms of social norms, although in theocratic societies, as they were abundant in the European Middle Ages or among the civilizations of antiquity, the religious text is at the same time the legal text, that is, religious norms would be the same legal norms. According to the will of the individual, that is, according to what they determine for people. Hart rejects the idea that legal norms are formed by the “classical model of natural law” and emphasizes contexts in which legal norms can make sense. Hart`s view shows how contemporary societies can function better when a more deflationary understanding of the law is implemented instead of restrictive moral norms.
[11] Legal norms are classified according to their legal force, according to the authorities that issue them (law, decree), according to the object they regulate (which leads to the division of law into branches such as state, civil and financial law) and according to the limits of the effect of legal norms in time and space. Legal norms are also divided into “peremptory” norms, which contain mandatory commandments for participants in legal relations, and “dispositional” norms, which allow participants to define their rights and obligations within the limits established by law. If the parties have not regulated their rights and obligations in a contract, the rule contained in the respective legal provision applies. Legal standards are mandates, rules or requirements emanating from a legal or judicial authority. .