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 ?
A feature of transfer of law is that it involves a legal system, which incorporates a legal norm, institution or doctrine adopted from another legal system.
The judicial authority's legal norm has been for the judiciary body's council to elect the oldest appointed judge as president.
Ascertaining the intent of those responsible for the enactment of a legal norm is a thoroughly interpretive enterprise that must specify a plausible method of discerning intent, distinguish actual intentions from stated intentions, identify which actors count as framers, assume that each actor was motivated by a single objective or assign weights to her multiple objectives, specify how much weight is to be given to their intentions in relation to the intentions of those whom they represent, and sift through countless, competing political motivations of a multiplicity of international actors.
There is a certain affinity between human rights as existential commitments and human rights as legal norms. Existential commitments are a type of legal norm, inasmuch as what we mean by "legal" is the experience of binding duty.
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.
Therefore, interpretation is the method that confers malleability upon the legal norm; from its incipient stage as will of the Legislator and to the moment to which the norm directly affects reality, the interpretative act accompanies it continually so as to elaborate the norm to the point of clarification, and of all things, to the point of determining "its compatibility with a factual situation" (Danisor, Dogaru & Danisor, 2006: 379).
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.
The positivist approach to explaining law looks at first quite plausible: to know how to decide a case we must first identify the legal norm that governs the case, and to know that we need to know how to identify legal norms in general.
(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'.
This Article broadens the analysis of legal exceptionalism to include situations where a country or a group of countries seek a special or different legal norm for themselves during the process of negotiating a treaty and succeed in obtaining this legal accommodation.
The 40-hour working week is tending to become the legal norm but, in fact, 22% of workers around the world are working more than 48 hours per week, according to a study by the International Labour Organisation (ILO).