Concept

Legal norm

Overview

A legal norm is a binding rule or principle, or norm, that organizations of sovereign power promulgate and enforce in order to regulate social relations. Legal norms determine the rights and duties of individuals who are the subjects of legal relations within the governing jurisdiction at a given point in time. Some theorists, such as Stephen Krasner, define norms as “standards of behavior defined in terms of rights and obligations.” Competent state authorities issue and publish basic aspects of legal norms through a collection of laws that individuals under that government must abide by, which is further guaranteed by state coercion. There are two categories of legal norms: normativity, which regulates the conduct of people, and generality, which is binding on an indefinite number of people and cases. Diplomatic and legislative immunity refers to instances where legal norms are constructed to be targeted towards a minority and are specifically only binding on them, such as soldiers and public officials.

In a legal sense, retroactivity refers to a law that impairs or invalidates the vested rights of an individual acquired under existing laws by creating new obligations to considerations that have been pre-established. Legal norms can either classify under true retroactivity, where norms influence the legal relations that have existed before its effect, or pseudo retroactivity, referring to how the validity of old legal relations can be influenced by derogated norms.

Legal norms become validated from the moment they are published as part of legal order and take effect from the moment it binds the subjects of the law. The Latin phrase "vacatio legis" refers to the period of time between a legal norm's validity and effect. As the validity of a legal norm is limited from the moment of its adoption by legal institutions, a lapse of time can cause its termination. Legal norms can either be terminated by explicit derogation by the competent state authority, or through automatic derogation whereby the authoritative organisation adopts a new normative act that regulates the same relations, effectively replacing the old one.

Overview adapted from Wikipedia (CC BY-SA 4.0; see the article history for authors).

Possible passages

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Buying and selling, teaching and learning, producing and consuming, are recurrent activities whose legitimate methods get prescribed. These specific provinces and methods of action are defined in Civil Rights. They express the guaranteed and regular ways in which an individual, through action, voluntarily enters into association or combination with others for the sake of a common end. They differ from political…
John Dewey, Ethics
States what Legal norm is.
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In the former case, however, the law has the form of an imperative, because in them, as rational beings, we can suppose a pure will, but being creatures affected with wants and physical motives, not a holy will, that is, one which would be incapable of any maxim conflicting with the moral law. In their case, therefore, the moral law is an imperative, which commands categorically, because the law is unconditioned…
Immanuel Kant, The Critique of Practical Reason
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Sometimes what is called the constitution of the state, that is, the interest of the government; sometimes of the interest of particular orders of men who tyrannize the government, warp the positive laws of the country from what natural justice would prescribe. In some countries, the rudeness and barbarism of the people hinder the natural sentiments of justice from arriving at that accuracy and precision which, in…
Adam Smith, The Theory of Moral Sentiments
States what Legal norm is.
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Related ideas

Opposing perspectives

Consequentialism

Place in the tradition

Part of Jurisprudence.

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