Legal norms are designed to regulate the processes taking place in human relationships at the level of civil society, as well as in business and politics. The procedure for their development depends on many factors related, including the political system of the state, the international situation, historical and cultural heritage. Legal norms are reflected in legal acts, which, in turn, determine the appropriate mechanisms that regulate in practice all types of human interaction. It is important to understand how ordinary laws differ from constitutional ones, how legal norms are classified and how their developers apply the principle of separation of powers.
According to the most common legal interpretation today, the concept of "legal norm" refers to a rule that is mandatory for a group of subjects by virtue of the law. That is, the legal norm is sanctioned by the authorities, and also protected by them from violations. In addition, modern legal practice identifies the concepts of "rule of law" and "legal norm", despite the fact that such terminology allows for variations. For example, a rule of law can be regulated not by the state authorities in binding codified laws, but by public perception within the framework of a certain tradition or normal perception by a hotel part of society.
Regarding the distinctive features of legal norms, it should be noted that they are determined by the direction of the society itself, and it is society in its entirety (sometimes separate job categories) that acts as an object of regulation. But a personal characteristic is not a guideline for legal norms in terms of its content.
In addition, the legal norms of our country and the international community are characterized by the principle of generalization of properties, which most representatively reflects the interaction of objects of regulation. In this case, the legal norm with equal efficiency regulates both the behavior of a certain group of people and the entire society as a whole. And the identification of objects subject to legal norms is carried out according to similar characteristics (profession, age, social group, etc.). In cases of socialization of legal norms for the whole society, the binding implies that people belong to a territory or citizenship.
Interaction of theory and practice
The main principle of the creation of legal norms by legislators is based on the mandatory provision of compliance between their provisions and the realities of society (its part, relevant to the legal essence). Today it is quite obvious that the legal institutions of all countries of the world have a lot of imperfections determined by legal norms. In addition, until now, both in the academic environment and between the practicing structures, there is an open discussion about the very methodology of understanding the rule of law.
Some legal experts are inclined to believe that the meaning of legal formulations when reading should be adhered to in a literal or generally accepted form. However, there are a lot of adherents and an alternative path who are inclined to interpretations and interpretations. That is, in the absence of an important reason, the real state of affairs may prevail in its logically constructed interpretations over the literal meaning.
Moreover, in the case of interpretations of legal norms, it is the moral aspect that occupies an important place. After all, a specific person applying legal norms will, by definition, be guided by the current perception of the regulated area. And therefore, in his personal convictions, to a greater extent, he follows not the semantic content, but precisely the ethical norms of behavior.
However, there are such areas of human life as, for example, the banking sector, where legal norms should be fully regulated by strict reading, and not interpretation.
Classification of legal norms
Legal norms from a legal point of view are divided into binding, prohibiting and authorizing. Their distinction is rather arbitrary. So, for example, some legal norms in the financial sphere authorize the Central Bank to check commercial financial organizations, and on the other, this procedure should be carried out only after a sufficient reason has appeared. Often, the structures of regulations in accordance with legal acts imply a certain sequence of actions in which the emphasis can be focused on the authorizing provisions, but under a special set of conditions, it is necessary to be guided by binding norms. A polar situation is also possible.
In addition to the above-mentioned classification of legal norms, there is another one, according to which they are divided into the following: dispositive, optional and mandatory. The first type of legal norms implies some freedom of the subject responsible for the use of legislative provisions. In this situation, the logic of priority is appropriate, which chooses between the implementation of the norm or the permissibility of its non-use. Mandatory norms are used rigorously according to their literal meaning. And the optional ones allow an alternative option that does not exclude the application of the prescribed provisions.
The correlation of the two types of classification is carried out in such a way that they, as a rule, correspond to each other in the following way: obligatory and prohibitive, imperative and optional, empowering and dispositive.
Examples of legal norms that society accepts
In democracies, the main feature of the rule of law is the social nature of their origin. That is, the adoption of legal norms is based on the initiation of society. It is the society that determines how its relations will be regulated. They apply, for example, such direct regulations as a popular gathering or a referendum. As for the indirect forms of defining legal norms, there is a well-honed system of legislative initiatives through the parliament.
At the level of state structures and with the direct participation of society, legal norms are combined into an aggregate, which is the legal system. Its sources govern all processes, including the most diverse social groups. Despite the huge heterogeneity of these social formations, all legal norms (standards, acts, procedures, criteria, etc.) in this case will correspond to a single system common for social and sectoral focus.
Having considered the principle of separation of powers, one can clearly understand how the state not only ensures the operation of legal norms, but also actively participates in the system of their adoption and support for their implementation. It is the legislative (one of the three, which also includes the executive and the judiciary) that is engaged in the development of legal norms.
In states where the legal system is developed, it is not allowed to substitute the law with other rules, the origin of which goes beyond the institutions of power. However, in the Civil Code of the Russian Federation, one can find such contradictions (between state legal norms and traditions of the regions), when civil law contracts can be signed not only in strictly established forms, but also in accordance with business customs. Still, it is civil law that is the dominant source of standards of conduct, both in society, in general, and in individual social groups, in particular.
The practice of the legal system in some states with special cultural and historical traditions even allows for the prevalence of the judicial system over the legislative and executive powers. But this cannot be considered a widespread application of legal norms in the world.
Features of legal norms
The legal norms of some states may have different implementation within heterogeneous systems. However, in its overall national totality, the system of standards is subordinated to a single legislative initiative on a global scale. In the developed countries of the world, the Romano-Germanic and Anglo-Saxon systems of legal norms are used.
In the first option, codified sources of legal regulation are used, which in an exhaustive form prescribe to the subjects of regulation a framework of very specific rules. This applies both to civil law in accordance with the relevant codes and to all criminal law norms. There is a clear dominance of the parliamentary and executive branches of government. The system of adopting laws implies a completely definite regulated procedure, during which the necessary agreements and discussions are carried out.
The Anglo-Saxon model of legal norms is based on judicial precedent. In this case, it is the court hearing with an appropriate resolution that introduces into judicial practice new legal norms that are subject to execution by the company. Thus, this model, as a source of legal norms, is made precisely by judicial decisions. It is used in the USA, Canada and England.
