LEGAL NORMS: CHARACTERISTICS, TYPES AND EXAMPLES - ARTE - 2025

The legal rules are rules or principles established by a legal institution seeking to maintain order in a country or region. Their function is to show people what their duties and rights are within the State; In other words, these norms have been created with the purpose that the inhabitants comply with their values ​​and respect the other members of the nation.

Legal norms can be learned from childhood. For example: from a young age we are taught not to steal, because when doing so, an object that belongs to him by right is taken from a person. In addition, this act causes social disorder and promotes mistrust among members of the community.

Legal norms prevent chaos and injustice. Source: pixabay.com

To avoid chaos and injustice, the authorities resort to punishing those who broke the rules. These punishments vary depending on the crime committed, including paying a fine, performing community service or being sentenced to prison.

However, the concept of legal norms should not be confused with that of constitutional laws. While the laws are set out in a particular book, the legal norms cover the different areas of life. This is because the numerous social regulations and institutional orders are also called legal norms.

It is important to note that legal norms can change over time, however, their main objective is to supervise the activities of people in order to take care of the general well-being, as well as to protect public and private property.

Characteristics of legal norms

Among the characteristics of the most notable legal norms, we find that they are coercive, enjoy exteriority, are heteronomous and bilateral, define the duty of human conduct or, together, make up a legal system.

It is convenient to say that these rules tend to be different in different countries; A special case is the United States, where each state has its own duties, rights, and sanctions. However, beyond the differences that exist between one nation and another, legal norms are characterized by being:

- They are mandatory

For legal norms to be fulfilled, it is not necessary for people to accept them, since their validity is granted by government institutions. In other words, the right and the duty are imposed on the people from outside and - whether they want to or not - they have to obey orders.

For example: even if a person does not agree with the suffrage system or does not like any of the candidates proposed for the elections, they still have to go to vote because it is their duty and if they do not, they can be sanctioned by the State.

- They are independent of human reasons

The purpose of these rules is to order the conduct of people so that their actions do not affect collective security. For this reason, the legal rules judge people for their wrong behavior and do not usually approve the reasons they had for executing an unfair or illegal act.

For example: when a subject commits a murder, the authorities are more interested in the crime itself and not so much in the motives that the person had to murder, unless it was for personal defense or for psychological reasons; even so, the culprit will receive a penalty for violating the right to life.

- They enjoy exteriority

Legal norms regulate the actions that are manifested externally in individuals, and not those that occur within them. For example, if a person feels like killing another person, the Law ignores that internal feeling.

On the other hand, if the person carries out the criminal act of killing (externalizes it), the legal norms corresponding to its sanction will be applied.

- They are heteronomous and bilateral

Legal norms are considered to be heteronomous - and not autonomous - because their formulation and imposition come from a different entity and external to the recipients of the norms.

In the same way, heteronomy indicates that the application and monitoring of legal norms do not depend on the will of those who are bound by them, but on factors external to individuals.

On the other hand, legal norms are bilateral in the sense that by creating duties to a "debtor", it also grants powers or rights to a "creditor" in the same norm.

For example, a norm that establishes a duty for the State, is granting at the same time a right to citizens to demand it.

- They are decisive

Legal norms have a clearly recognizable fixed content in the text. However, when an ambiguity arises at the time of its application, the figure of the judge is used to interpret its content in the particular case, which is established by a sentence.

- Dual character

The legal rules comprise two aspects: one active and the other passive. The active person or institution is one that has the power to ask the members of society to fulfill their responsibilities. Instead, the taxpayer is the one who must submit to the obligations described in the rules.

- Together, they make up a legal system

The legal norms of a State are not unrelated to each other, but all of them, together, make up an ordered and interrelated legal system that governs the different aspects of the life of a society.

For this reason, legal norms are ordered according to a criterion of coordination and subordination among them, so that they are divided into different areas of application and at different levels of importance.

Types of legal norms

Mandatory rules

They are those rules that organize and monitor people's behavior. They are recognized because they indicate what actions are allowed and what acts have been prohibited. These norms stand out for dictating duties and disseminating obligations; Among them the criminal laws stand out:

- Do not drink alcoholic beverages in spaces designated for children.

- Houses should not be searched without a legal order.

- Do not physically or psychologically abuse people (includes violence, rape and kidnapping).

Operative norms

These standards are important because they recognize people's decisions; They are only mandatory when the subjects agree with the conditions set out in the rules.

For example: this is the case when a contract is drawn up, where the people who sign it agree with what is proposed in the document.

All people are free to draw up a contract and place the legal terms they deem necessary, which will be valued as laws by the subjects who signed the document. The important thing is not to damage social stability or the good customs of the inhabitants.

Legal norms are placed in the contracts. Source: pixabay.com

It is pertinent to highlight that within the operative norms are the public and private regulations:

- Public regulations: these are the rules that citizens cannot change and must obey, such as vacation dates and the measures that are applied in times of quarantine.

- Private regulations: these are the rules that can be substituted or eliminated, since they depend on the benefits that people have at a specific time. These rules are those found in companies, where administrative treaties are often continually modified.

Interpretive rules

The interpretive rule is called the constitutional law that can be changed or modified. However, that power is only held by individuals who are part of the powers of the State, who meet to write the new legal norm.

Therefore, civil law can be considered an interpretative norm, as it tends to vary. For example: people are free to modify their wills as many times as they wish.

Examples of legal norms

Legal norms are important because they seek that each person improves their life in society; but they also try to make people learn to be responsible and not abuse the other inhabitants. Source: pixabay.com

Legal norms are important because they seek that each person improves their life in society; but they also try to make people learn to be responsible and not abuse the other inhabitants.

Therefore, words like justice and safety are significant to these rules. Here are some examples of legal norms:

- All people have the right to identity

This legal norm establishes the right to have a first and last name, a nationality, to be registered in a public registry.

- It is forbidden for a person of legal age to have sexual relations with a person who is underage or who does not have the minimum age established for consent to this act

This rule is responsible for regulating the behavior of adults and protecting the minor, since it seeks to avoid a forced sexual relationship and the consequences produced by not being prepared at the time of initiating sexual activity.

- Ignorance of the laws is no excuse for non-compliance.

In case of having incurred in a crime without knowing that it was an illegal act, the corresponding sanction will be applied in the same way.

- The sale of alcoholic beverages is prohibited to those who do not have the minimum age established for the purchase of the same

This rule seeks to protect minors, since physically and psychologically they are not prepared for this type of intake.

- Drunk driving is prohibited

This rule prohibits driving a vehicle while under the influence of alcohol, since it threatens both the safety of the person doing it and that of third parties.

- The kidnapping of both minors and adults is a criminal act

This rule seeks to avoid the deprivation of liberty of a person either to do him physical, verbal or psychological harm or to ask for something in exchange for his freedom.

- Illegal distribution of film content is prohibited

This rule seeks to protect the copyright of film works. Consequently, it establishes that the distribution or total or partial publication of films without authorization of the author represents a crime and, therefore, brings a legal consequence.

- Everyone has the right to express themselves freely

This legal norm does not exist in some countries with dictatorial regimes; however, in most countries it is applied. It establishes that every citizen has the right to freedom of expression.

- Organ trafficking is a crime punishable by law

Legislation worldwide is against organ trafficking for transplantation and medical procedures. This rule seeks to prevent both the theft of organs and their illegal commercialization.

- Impersonation or identity theft is a crime

The usurpation or appropriation of identity consists of impersonating another individual, assuming their identity in a public or private way, to benefit from their credit or position. This crime is condemned worldwide, as it may involve the illegal use of bank information, email accounts or personal data.

- It is forbidden to adulterate alcoholic beverages.

- It is a duty to drive with a valid license.

- It is prohibited to carry out any type of commercial fraud

- It is a duty to respect the national symbols.

- It is a duty to comply with traffic laws.

- It is a duty to pay taxes. Evasion of these is a crime.

- Sexual harassment is prohibited in any setting (family, school, work).

- Workplace harassment is criminal behavior.

- It is illegal to attempt with the life of another individual or to end it.

- The theft of databases and confidential information of any individual is prohibited.

- Child labor is prohibited by law.

- The commercialization of exotic animal and plant species is prohibited.

- Regardless of social class or skin color, all people deserve the title of citizen (which implies being accepted as members of the community).

- It is considered illegal for workers not to have vacations, as the company would be in breach of its contract.

- Drivers are not allowed to speed up their vehicles near school zones.

- People can practice the religions they want; the essential thing is that they do not form secret sects that harm a community.

- During trials, all people must have a lawyer to help them justify their defenses.

- Political offices have a limited duration. In other words, the president, vice president, mayors and governors should not extend their terms.

- It is forbidden to discriminate against a person because of their race or social hierarchy.

Themes of interest

Social norms.

Moral standards.

Religious rules.

Conventional standards.

Rules of school coexistence.

References

1. DaCosta, P. (2013). Importance of legal norms. Retrieved on March 22, 2020 from College of Law: collaw.edu.au
2. Embaid, N. (2016). Characteristics of legal norms. Retrieved March 22, 2020 from George State College of Law: law.gsu.edu
3. García, M. (sf). Legal norm: civil law. Retrieved on March 22, 2020 from Legal Concepts: conceptsjuridicos.com
4. Martínez, R. (2008). Social, moral and civic formation. Retrieved on March 22, 2020 from Instituto Pedagógico de Caracas: ve.tiching.com
5. Morales, A. (sf,). Types of standards. Retrieved on March 22, 2020 from Toda Materia: todamateria.com
6. Navarro, J. (2011). What is a legal norm? Retrieved on March 22, 2020 from Legal Blog: definicionlegal.blogspot.com
7. Vásquez, D. (2010). Study about legal, social and moral standards. Retrieved on March 22, 2020 from the Academy of Political and Social Sciences: acienpol.org.ve