A legal norm can be included in a regulation, a statute or a code, for example, always in line with what is established in the Constitution so as not to fall into unconstitutionality.
A legal norm is a mandatory precept established by an authority with the intention of regulating the conduct of people. These rules establish obligations and, in turn, grant or protect rights.
A law , a decree , a resolution , and an ordinance are examples of legal norms. Beyond the differences between each type of norm , all of them share a sanctioning power: non-compliance generates a sanction .
Composition of a legal norm
The composition of a legal norm consists of two elements: the factual assumption and the legal effect .
The factual assumption anticipates a possible reality that may occur in the future and that must be regulated. The legal effect, meanwhile, is the result of the legal situation that the norm recognizes when the factual assumption is specified.
In other words: the factual assumption is a hypothetical conduct that requires regulation , while the legal effect is the punishment that entails the effective realization of said conduct .
The realization of the factual assumption is followed by a consequence at a legal level . Therefore, if the assumption is realized, then the intended effect occurs.
Its relationship with customs
Legal norms have a close relationship with customs . Sometimes, the legal norm is born from a custom: this happens if the members of the Legislative Branch decide to translate into the legal system a behavior that is common in society , adjusting it to the law.
In turn, the opposite case may occur; That is, a legal norm results in the creation of a custom. This occurs when the high level of compliance with the norm ends up generating a custom in society.
It should also be mentioned that legal norms are linked to jurisprudence . This is the name given to the set of rulings and sentences handed down by a court , which form a doctrine .
A judge who relies on jurisprudence on a topic to resolve a judicial process, in short, what he does is base himself on those legal norms that exist in this regard.
Legal norms regulate and formalize family relationships through the establishment of marriage, adoption, guardianship and divorce.
Main characteristics of a legal norm
The main characteristics of a legal norm are three: coercibility , heteronomy and bilaterality .
The coercibility of the norm implies that its compliance is mandatory through sanctions. Even competent authorities have the power to use force to ensure compliance. Suppose that a man begins to hit a child on the street: beyond the intervention of any person motivated by ethics, the police are empowered to stop the act - resorting to violence if necessary - and to arrest the hitter to put him at the disposal of the Judiciary.
The heteronymy of the legal norm, meanwhile, refers to the fact that its imposition is carried out by an entity or an individual external to the person who has to comply with it. The subject does not have the autonomy of will to choose or reject its fulfillment. If a rule prohibits using the telephone while driving a car, the driver has to abide by it even if the rule seems absurd or unnecessary.
Regarding bilaterality , it refers to the fact that in all legal norms there are two parts. We find the legally obligated subject and the one who is empowered to demand compliance with the ruling.
Anyone who violates a legal norm included in the Penal Code commits a crime.
Your classification
The classification of legal norms can be carried out according to different criteria. The British jurist Herbert Hart , for example, divided legal norms into primary norms (which are responsible for the regulation of conduct) and secondary norms (aimed at defining how the primary norms will be applied).
If the will of the subjects is taken into account, it is possible to distinguish between exhaustive norms (mandatory regardless of the person's will to execute the action) and dispositive norms (an involved party can express their will for the norm to cease. apply).
Another possibility is to separate between prohibitive norms (prevent the development of a behavior) and permissive norms (ensure that a behavior is manifested). One more opposition is that between general legal norms (for all subjects in the corresponding framework) and particular legal norms (they affect individually, like a specific sentence that orders something specific).
Public law norms (aim to regulate the link between the State and citizens), private law norms (order the link between individuals), transitional norms (they are temporary and respond to a specific requirement), permanent norms (stable and in force until eventually replaced by other regulations), municipal regulations , provincial or state regulations and national or federal regulations are other types of legal regulations.
Link of legal norms with morality
As with customs, legal norms and morality have a very close link. Both affect the control of social behavior, although through different mechanisms.
Moral norms are not formalized, but are built in community according to what is considered right or good and what is classified as bad or incorrect. Failure to comply with these rules may lead to social condemnation, but not legal condemnation.
In any case, there are legal norms that originate from moral norms or that reflect them in legislation . The rights recognized for animals, to mention one case, were expanded in recent years based on a new awareness of the majority of society about them.