Legal Norm

Legal Norm

 

a mandatory rule of social behavior established by the state. Like all of law, a legal norm aims at developing certain social relations in the interests of the ruling class. A legal norm indicates the conditions of its execution, the subjects of the relationships that it regulates, the mutual rights and duties of the subjects, and the sanctions for failure to perform a duty. Legal norms are adopted by authorized state agencies, and they are made binding by the state through the fostering of legal consciousness in its citizens and the application of measures of state coercion to violators of the legal norms. The body of legal norms in a given society constitutes its law.

A legal norm consists of three parts: the hypothesis, which sets forth the conditions under which a person should be guided by the given legal norm; the disposition, which indicates the rights and duties of the participants in relations arising under the circumstances envisioned in the hypothesis; and the sanction, which defines the consequences for persons who violate the prescriptions of a particular norm. In criminal laws, a legal norm usually consists of two parts: a disposition (the elements of a criminally punishable action) and a sanction (the penalty for committing the particular act).

Legal norms are classified according to their legal force, depending on the agencies that issue them (law, decree), according to the object that they regulate (resulting in the division of law into such branches 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 “imperative” norms, containing precepts that are compulsory for participants in legal relationships, and “dispositional” norms, allowing the participants to define their rights and duties within the limits established by law. If the parties have not stipulated their rights and obligations in a contract, the rule contained in the given legal norm applies.

References in periodicals archive ?
Drawing on research and arguments from her doctoral dissertation, the author analyzes the technical compatibility between the World Trade OrganizationAEs agriculture trade rules and the human right to adequate food, from the perspective of legal norm conflict theory.
To understand the phenomenon of transfer of law of a foreign legal norm, it is necessary to examine the existing historical premises around the introduction of foreign law in particular cases, for example, if this is the result of conquest, colonial expansion or political influence of the state whose legal norm is adopted.
The judicial authority's legal norm has been for the judiciary body's council to elect the oldest appointed judge as president.
A legal norm, say, a prohibition of humanitarian intervention in the absence of authorization by the UN Security Council, is just if it contributes to a state of affairs in which peace is advanced and respects human rights.
Existential commitments are a type of legal norm, inasmuch as what we mean by "legal" is the experience of binding duty.
19) However, moral reasons can be given for taking a legal norm to be justified, and in this respect 'law has a reference to morality inscribed within it'.
Legal positivism, he explains, has it that law is a historical product located in the world of time and space, and that a norm is a legal norm if, and only if, it can be traced back to a source of law (20).
A key legal norm in this context is the concept of the best interests of the child.
One does not talk here about the necessity of legal interpretation, but about its compulsoriness in the totality of the steps which imply the creation and application of the legal norm (cf.
In order to explain the concept of a legal norm as it relates to the above paragraph, it may be said that a legal rule is a socially recognized standard, or a socially acceptable standard.
A legal norm is said to be valid if and only if it is a member of a class of norms that can be identified (in some yet unspecified way) as belonging to a certain legal system.
61) It is 'intolerable where it is used to extend a particular legal norm systematically to cases that do not fall within the purview of the norm'.