We explain what legal regulations are, their characteristics, how they are classified and various examples. Also, other types of standards.
What is a legal norm?
The legal rules are the mandates, rules or prescriptions issued by a legal or judicial authority. They assign duties, confer rights or impose sanctions on individuals living in a society, giving them a common framework by which to judge their actions, that is, by which to exercise justice.
should not be confused with laws, which are only one type of legal norm. In fact, the legal system of societies is nothing more than the sum of the legal norms established in each society, that is, the way of understanding justice and governing its institutions that each one has. There the different aspects of individual, citizen and institutional life are contemplated, in the form of a constitutional text or a Magna Carta of some type.
Normally, legal norms are distinguished from religious and other forms of social regulations, although in theocratic societies, such as those that abounded in the European Middle Ages, or among the civilizations of Antiquity, the religious text is at the same time the legal text. , that is, the religious norms would be the same legal norms.
See also: Objective law
Characteristics of legal norms
Legal norms have three essential characteristics that distinguish them from others, such as:
- are heteronomous That is, they are imposed on the individual by the community itself, that is, by an entity other than himself, from “outside.”
- are coercible Compliance with these norms is reinforced through education and punishment, since the State that ensures compliance has a monopoly on violence.
- are bilateral They involve two parties: the individual subject to the rule and the party in charge of ensuring compliance with what is established in it.
Classification of legal norms
There are different ways to classify legal norms. Two of the most important have to do with:
Depending on the will of the individual. That is, depending on what they establish for people. We can talk about:
- Mandatory norms Those that force a certain behavior, regardless of the will of the individual. Like criminal laws.
- Dispositive rules Those that require a certain behavior as long as there is no express will to the contrary.
- Interpretative norms Those that determine or interpret legal events or texts taking into consideration what is established by the Law.
There is a similar classification, known as the Hartian classification (proposed by the English legal philosopher Herbert Adolphus Hart, 1907-1992), which differentiates legal norms based on the same criterion, but in the following way:
- Primary standards That regulate human behavior, prohibiting, allowing and forcing.
- Secondary standards That attribute powers or faculties, taking into account different public and private aspects.
- Exchange rules That establish the way in which legal norms can be totally or partially repealed, how to modify them or introduce new ones.
Depending on your collective or individual interest That is, whether or not they can be modified by individuals. We can talk about:
- Public order rules Born from the common good and collective interest, they are general and the individual must submit to them, whether he wants to or not.
- Private order rules Those that can be more or less elaborated by individuals, which silently govern their dealings and agreements, such as contracts.
Examples of legal norms
They are examples of legal norms the laws which confer powers, obligations or prohibit certain actions. Also legal codes judicial regulations, legal orders and all the rules that govern society and that come from legal authority. The decrees and decisions are also legal norms, as well as court rulings.
Legal norms and moral norms
Legal norms and social norms have in common that they are the result of society's control over itself. However, they come from very different sources. On the one hand, legal ones make up the legal framework of a society. On the other hand, Moral norms are part of the cultural, religious or emotional tradition of society same.
While legal norms deal with the administration of justice, moral norms involve what society traditionally considers good, correct, or in good taste. Moral norms are partially coercive, since society ensures their compliance.
On the other hand, many legal regulations reflect and come from moral norms. For example, the notion 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.
Other types of standards
Normative rules or orders can be of many types, according to the authority that issues them or the vital space they try to regulate or control. Thus, it is possible to also talk about:
- Religious norms. They emerge from religious institutions. They are personal and voluntary. They affect the spiritual life of people, through adherence to a code or philosophy considered as a path to salvation or elevation.
- Moral standards. They govern the behavior of individuals in a given society, according to what has traditionally been understood as “good”, “bad” or “adequate”.
- Social norms. They regulate the coexistence of individuals in a community. They come from mutual agreement and consensus.
Continue with: Law
References
- “Legal norm” in Wikipedia.
- “Legal norm” in Legal concepts.
- “Legal norms” in The Law Guide.
- “Difference between legal norms and moral norms” on Academia.edu.
- “What is a legal norm?” by Gerardo Tripolone at the Faculty of Social Sciences of the University of San Juan (Argentina).
