In his book Pure Theory of Law, Hans Kelsen aims to provide a holistic definition of law by embodying a comprehensive analysis of legal normativity and systematic structures. Pure theory represents legal positivism, which makes a clear distinction between the factual «is» and «what should be.» Kelsen identifies law as a unique type of social phenomenon, distinguished from others by its specific nature of coercion, thus equating it with a system of norms. But he also stresses the importance of distinguishing law in the factual sense from law in the normative sense, combining his belief in the normative character of law with a methodological dualism. [10] Standards are the unwritten laws of a society that govern the actions and behaviour of members. People know the behavior expected of them and also the actions and behaviors they should avoid at all costs. For example, it`s a social norm to raise your hand to shake hands with someone you meet, which is another way to greet someone. We know that we must obey our elders and respect our parents. These are social norms that we learn to follow because we live in a society. There are no laws to punish a person who violates social norms, although he is certainly despised by society and ostracized for his actions. Illegal relationships violate social norms, and as such, people consider them taboo.

In its factual sense, Kelsen proposes that «the law is an order of human behavior.» By drawing similarities between order, morality, and etiquette, Kelsen suggests that the very factual nature of law makes it an empirical phenomenon. Law is thus defined both as a social technique that forces those subject to it to a system of codes of conduct, while order is a vast system of norms derived and validated for the same reason. An individual can thus determine whether a norm belongs to a normative system by declaring that it derives its validity from the fundamental norm that constitutes the order. [10] In their normative sense, laws are defined as «what to do if something were to be done.» Kelsen suggests that the normative statement «it`s a rule» can only make sense in the context of regular behaviour combined with a thoughtful and critical attitude of the population. In this perspective, Kelsen ignores the specific «internal» dimension that determines the meaning of normative expressions that relate to human values and morality. [10] Police and other law enforcement officials crack down on those who violate those laws. They are the executors of social norms. In a legal sense, retroactivity refers to a law that affects or invalidates a person`s rights acquired under the applicable law by creating new obligations based on predetermined considerations. Legal norms can be classified either as true retroactivity, where norms affect legal relationships that existed before their effect, or as pseudo-retroactivity, which refers to how the validity of former legal relationships can be influenced by divergent norms. [1] Finally, and especially for the study of crime and criminal justice, our laws. Remember that a social norm is a commitment to society that can lead to sanctions for violations.

Therefore, laws are social norms that have been officially enshrined at the state or federal level and laws can lead to formal penalties for violations such as fines, imprisonment or even death. Laws are a form of social control that describes the rules, habits, and customs that a society uses to enforce conformity to its standards. A legal norm is a binding rule, principle or norm that sovereign power organizations adopt and apply to regulate social relations. Legal norms determine the rights and obligations of persons who are the subject of legal relationships within the competent court at a given time. The competent authorities of the State promulgate and publish fundamental aspects of legal norms through a set of laws that individuals under that Government must abide by, which is further ensured by State coercion. There are two categories of legal norms: normativity, which governs people`s behavior, and generality, which binds an indefinite number of people and cases. Diplomatic and legislative immunity refers to cases where legal norms are designed to explicitly target and bind only a minority, such as soldiers and civil servants. [1] When this theory is placed in a legal context, an action is considered correct when an individual, as a virtuous moral actor, performs an act that shows the essence of human excellence. In the application of virtuous legal norms, a theory of judgment centered on virtue shows the characteristics of judicial moderation, courage, temperament, intelligence, wisdom, and justice. These Excellencies can be reflected in a concern for justice in virtuous jurisprudence. [9] Along with the other three types of social norms, laws are the most restrictive and effective in defining a culture`s conformity.

Without some kind of conformity, culture would not exist. When attending a family member`s funeral, no one expects to see someone dressed in bright pink clothes or a bikini. Most people are encouraged to wear black clothing out of respect. While there may not be specific rules or laws that dictate what is supposed to be dressed at a funeral, attending a funeral in a bikini or wearing bright pink swimsuits would go against what the majority of American society considers right and wrong. That would be disrespectful to the bereaved. Customs and customs are taught through socialization with various sources: family, friends, peers, schools, etc. The ontological model of legal norms is an important tool because it enables effective research that enables legal practitioners to make responsible decisions before the courts through the application of legal norms. Legislation refers to laws enacted by the government and formalized by parliament, thus formulating legal norms and their relationship.

An ontological model of legal norms can provide legal practitioners with explicit and visual representations of the processes by which legislation is created and administered by the executive branch. Standards themselves can be modeled by logic, rules, or ontologies to facilitate the process of retrieving legal information and semantic navigation. [12] Many people tend to confuse these two terms, which correspond to the law, because the law and the norm have similar characteristics. However, the two terms do not represent equal power, since the law represents the strict and formal meaning of the norm. Whereas the norm is the general rule by which principles of moral and legally accepted behavior before society are governed. The law is the written, formalized and detailed standard that protects an individual`s capacity and, in a narrow sense, obliges him to comply with it. But for the law to have its place, there must be established standards. While positive evidence-based legal theory explains the causes and effects of law enforcement, normative legal theory informs what the law should be by navigating the values and reasons behind legal measures, law-making, and judicial law. Legal theorists use the word «normative» in its general sense, which includes legal, social, and moral norms. Normative legal theories are highly evaluative and intertwined with moral and political theories. An example that shows the differences between positive legal theory and normative legal theory is presented by comparing their approaches to tort law.

While positive theory attempts to explain what causal forces the existing principles of tort have produced, normative theory determines which rules of tort would be most justified. [6] Norms can be internalized, which would make an individual conform without external rewards or punishments. There are four types of social norms that can help inform people about behaviors considered acceptable: folk tunes, customs, taboos, and laws. In addition, social norms can vary depending on time, culture, location, and even subgroup. [1] Perhaps stricter than folk customs because they can lead to a violation of what we consider moral and ethical behavior. Customs are standards of morality, or right and wrong, and if you break one, it`s often considered offensive to most people in a culture. [3] Sometimes another violation may be illegal, but sometimes it may only be offensive. If an increase is not enshrined in law, it cannot be sanctioned by the criminal justice system.

At other times, it can be both illegal and morally reprehensible. Legal norms are validated within the legal system as soon as they are published and enter into force as soon as they are binding on entities. The Latin term «vacatio legis» refers to the period between the validity and effect of a legal norm. Since the validity of a rule of law is limited from the date of its adoption by judicial institutions, the passage of time may lead to its extinction. Rules of law may be repealed either by express derogation from the competent public authority or by automatic derogation, the organisation concerned adopting a new normative act governing the same relations and effectively replacing the old one. [1] Scott Shapiro`s theory of planning law[2] is based on two concepts: the nature of legal institutions and the nature of legal norms.