Norma Juridica O Legal

Legal norms have three essential characteristics that distinguish them from others, such as: The norm ensures that the conditions and norms of coexistence are not violated and, in particular, that legal interests are not harmed. It deploys its effects ex ante. Therefore, the sanction serves general prevention purposes. The rule of law has a dual character; It is a direct or indirect mandate of the state to make or not to make, and also a judgment on behavior, a certain relationship between two or more ideas. Such a judgment is conditional or hypothetical because the statement or negation it implies is subject to a condition or assumption. [4] To speak of legal norms presupposes the existence of justice, not in the ideal sense of the term, but in its concrete application. In countries organized by the rule of law, justice is exercised by: There is another classification called “Hartian”, which was proposed by the English legal philosopher Herbert Adolphus Hart. It distinguishes legal norms according to the same criteria, but in different ways: a legal norm is a declaration that contains rights or obligations for people in a particular territory. Legal norms form like a law that they are the legal order of a territory.

We speak of restriction, because legal norms have in themselves a clearly defined punitive facet: in this sense, they are contrary to moral norms that have no formal sanction, and yet they are expected to be respected. The responsible education of parents and teachers, which transmits the good and attachment to values from the first years of life, usually leads to responsible citizens, for whom compliance with legal norms is a matter of course, beyond the possible sanctions associated with their violation. Legal norms govern human behaviour in society. The authorities are responsible for preparing them either themselves or through bodies to which they delegate this competence. For example, parliaments in different countries are generally responsible for drafting and adopting laws. Legal norms have certain characteristics: they should not be confused with laws, which are only one type of legal norm. In fact, the corporate legal system 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 has. There, the different aspects of individual, civil and institutional life are considered in the form of a constitutional text or a kind of Magna Carta. The answer to the question “What are legal norms?” is clear: they are rules that are supposed to regulate the behavior of individuals in society. Examples of legal norms are laws that confer powers, duties or prohibit certain actions.

Also the codes, the regulations of the courts, the legal systems and all the norms that govern society and that come from the judicial authority. Decrees and decisions are as much legal norms as court judgments. While legal norms deal with the administration of justice, moral norms include what society traditionally considers good, fair or tasteful. Moral standards are partially enforced because society ensures their compliance. The relationship between the legal system and the norm is that between the whole and a part. It is quantitative in nature. The legal system includes all legal norms. It is common for the notion of legal norm to be confused with that of law or legislation; However, the law is a kind of legal norm, but not all norms are laws, since regulations, ministerial decrees, decrees and, in general, any administrative act that establishes duties or rights are also legal norms.

Legal provisions are also those resulting from acts and contracts concluded between individuals or between them and public bodies acting as individuals, subject to the requirements of private law. There are many ways to classify legal norms. Here are some of the most important categories: Hart pointed out that what distinguishes law from other normative systems is that it consists of other systems of rules: primary and secondary. It differs from other rules of conduct in its heteronomous character (imposed by another), bilateral (before the subject is obliged to comply with the norm, there is another capacity to demand compliance with the law), coercive (enforceable by sanctions given the legitimate possibility of resorting to socially organized violence in case of non-compliance) internally and externally (respect for normative issues, not to be convinced). [2] Legal norms can be distinguished from legal norms because the former have a prescriptive intent, while rules have a descriptive character. In addition, the term is closely related to that of right. Different meanings can be attributed to the latter concept, one of the most recurrent being the order or system of legal norms. Legal norms differ from other types of legal norms in their characteristics: they are norms that prohibit harmful behavior, that is, bad actions or bad actions. They are always expressed by a negation (a “no”) followed by a verb.

For example, “don`t cheat” or “I must not deceive.” Don`t do to others what you don`t want them to do to you. Each law has a temporal scope, which means that it only has effects for a certain period of time. The general rule in this matter is that the legal rule applies to all events that occur during its validity. Therefore, the rule of law can be an obligation or a prohibition. For example, no smoking in the hospital. However, it may also be that this rule of law only provides the definition of marriage, which implicitly confers rights.