A legal norm is a binding rule or principle, or

norm Norm, the Norm or NORM may refer to: In academic disciplines * Normativity, phenomenon of designating things as good or bad * Norm (geology), an estimate of the idealised mineral content of a rock * Norm (philosophy), a standard in normative e ...

, that organisations of

sovereign power Sovereignty can generally be defined as supreme authority. Sovereignty entails hierarchy within a state as well as external autonomy for states. In any state, sovereignty is assigned to the person, body or institution that has the ultimate au ...

promulgate and enforce in order to regulate

social relation A social relation is the fundamental unit of analysis within the social sciences, and describes any voluntary or involuntary interpersonal relationship between two or more conspecifics within and/or between groups. The group can be a language or ...

s. Legal norms determine the rights and duties of individuals who are the subjects of legal relations within the governing

jurisdiction Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...

at a given point in time. Competent state authorities issue and publish basic aspects of legal norms through a collection of

law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...

s that individuals under that

government A government is the system or group of people governing an organized community, generally a State (polity), state. In the case of its broad associative definition, government normally consists of legislature, executive (government), execu ...

must abide by, which is further guaranteed by state

coercion Coercion involves compelling a party to act in an involuntary manner through the use of threats, including threats to use force against that party. It involves a set of forceful actions which violate the free will of an individual in order to i ...

. There are two categories of legal norms:

normativity Normativity is the phenomenon in human societies of designating some actions or outcomes as good, desirable, or permissible, and others as bad, undesirable, or impermissible. A Norm (philosophy), norm in this sense means a standard for evaluatin ...

, which regulates the conduct of people, and generality, which is binding on an indefinite number of people and cases.

Diplomatic Diplomatics (in American English, and in most anglophone countries), or diplomatic (in British English), is a scholarly discipline centred on the critical analysis of documents, especially historical documents. It focuses on the conventions, pr ...

and legislative immunity refers to instances where legal norms are constructed to be targeted towards a

minority Minority may refer to: Politics * Minority government, formed when a political party does not have a majority of overall seats in parliament * Minority leader, in American politics, the floor leader of the second largest caucus in a legislative b ...

and are specifically only binding on them, such as

soldier A soldier is a person who is a member of an army. A soldier can be a Conscription, conscripted or volunteer Enlisted rank, enlisted person, a non-commissioned officer, a warrant officer, or an Officer (armed forces), officer. Etymology The wo ...

s and

public officials An official is someone who holds an office (function or mandate, regardless of whether it carries an actual working space with it) in an organization or government and participates in the exercise of authority (either their own or that of the ...

.Palacky University. (2019). 'Legal Norms' owerPoint presentation Available at: oldwww.upol.cz/fileadmin/user_upload/PF-katedry/teorie-prava/Legal_norms.ppt (Accessed: 17 May 2019). 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. __TOC__

Planning theory

Scott Shapiro's ''Planning Theory of Law'' is built upon two concepts: the nature of

legal institutions Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art ...

and the nature of legal norms. The thesis of the Planning Theory argues how legal norms function as shared

plan A plan is typically any diagram or list of steps with details of timing and resources, used to achieve an Goal, objective to do something. It is commonly understood as a modal logic, temporal set (mathematics), set of intended actions through wh ...

s that legal institutions implement in order to exercise social control and governance, regardless of the moral merits of those norms and institutions. Legal institutions can govern in two main ways. Firstly, they can be classified as planning organisations which create, apply and enforce social plans, thus suggesting how many legal norms are simply plans. However, planning institutions may also apply and enforce legal norms that were not created during the process of planning but still nonetheless allow organisations to govern. An example of this would be a customary norm, which have been shaped and informed by cultural values over prolonged periods of time. Shapiro refers to these legal norms as "plan-like norms", that have been "sustained by human action" and "economise on deliberation costs, compensate for cognitive incapacities, and organise behaviour between participants". Such jurisprudential concepts can then be positioned and subsequently viewed through the context of modern

legal systems The contemporary national legal systems are generally based on one of four major legal traditions: civil law (legal system), civil law, common law, customary law, religious law or combinations of these. However, the legal system of each country i ...

. A shared master plan consisting of the fundamental rules that underpin legal systems allows the delegation of rights, powers and responsibilities for different officials. Above this, sub-plans of the master plan are established, which are either in the form of plans or plan-like norms that are administered by the executive government, for example the particular norms of criminal law that prohibit murder or laws specifying the processes of tax collection. Therefore, the total set of laws in a jurisdiction at a given time consists in the totality of plans and plan-like norms enforced by officials, regardless of any facts about moral merit.

Normative legal theory

Whilst fact-based positive legal theory explains the causes and effects of the law's application, normative legal theory informs what the law ought to be by navigating the values and reasons that underpin legal actions, the adoption of

legislation Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred ...

and judge-made law. Legal theorists use the word "normative" in its general sense that encompasses legal norms,

social norm A social norm is a shared standard of acceptance, acceptable behavior by a group. Social norms can both be informal understandings that govern the behavior of members of a society, as well as be codified into wikt:rule, rules and laws. Social norma ...

s and

moral A moral (from Latin ''morālis'') is a message that is conveyed or a lesson to be learned from a story or event. The moral may be left to the hearer, reader, or viewer to determine for themselves, or may be explicitly encapsulated in a maxim. ...

norms. Normative legal theories are highly evaluative and are entwined with moral and political theories. An example that highlights the differences between

positive Positive is a property of positivity and may refer to: Mathematics and science * Positive formula, a logical formula not containing negation * Positive number, a number that is greater than 0 * Plus sign, the sign "+" used to indicate a positi ...

legal theory and

normative Normativity is the phenomenon in human societies of designating some actions or outcomes as good, desirable, or permissible, and others as bad, undesirable, or impermissible. A Norm (philosophy), norm in this sense means a standard for evaluatin ...

legal theory is presented through a comparison of their approaches to

tort law A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with crime ...

. Whilst positive theory seeks to explain what causal forces have produced the existing tort principles, normative theory determines what rules of tort liability would be the most justifiable. Normative legal theory uses judgments to conclude the most appropriate rule to be applied in legal reasoning and is influenced by moral or political theories. The general normative theories of ''

deontology In moral philosophy, deontological ethics or deontology (from Greek language, Greek: and ) is the normative ethics, normative ethical theory that the morality of an action should be based on whether that action itself is right or wrong under a ...

'', ''

utilitarianism In ethical philosophy, utilitarianism is a family of normative ethical theories that prescribe actions that maximize happiness and well-being for the affected individuals. In other words, utilitarian ideas encourage actions that lead to the ...

'' and ''

virtue ethics Virtue ethics (also aretaic ethics, from Greek []) is a philosophical approach that treats virtue and moral character, character as the primary subjects of ethics, in contrast to other ethical systems that put consequences of voluntary acts, pri ...

'' are three general normative theories that significantly inform normative legal theory:

Deontology

A conceptual rival against utilitarianism, deontological moral theories explore the concept of duty with its correlative notions of

rights Rights are law, legal, social, or ethics, ethical principles of freedom or Entitlement (fair division), entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal sy ...

and permission. An individual can determine the "rightness" of their action by considering whether it is required, prohibited or allowed by a moral rule. Applying this concept within normative legal theory to

criminal law Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal l ...

, it is reflected when an action cannot be crime unless it violates a moral duty and the retributive theories of

punishment Punishment, commonly, is the imposition of an undesirable or unpleasant outcome upon an individual or group, meted out by an authority—in contexts ranging from child discipline to criminal law—as a deterrent to a particular action or beh ...

Utilitarianism

Utilitarianism is a form of

consequentialism In moral philosophy, consequentialism is a class of normative, teleological ethical theories that holds that the consequences of one's conduct are the ultimate basis for judgement about the rightness or wrongness of that conduct. Thus, from a ...

whereby decisions are made by predicting the outcome that determines the moral worth of an action. It assumes that the system of legal rules as opposed to individual moral rules provide the relevant scope of a decision.

Virtue ethics

Placing this theory into a legal context, an action is considered right when an individual, being a virtuous moral agent performs a deed that displays the essences of human excellences. In applying virtuous legal norms, a virtue-centred theory of judging displays the characteristics of judicial temperance,

courage Courage (also called bravery, valour ( British and Commonwealth English), or valor (American English)) is the choice and willingness to confront agony, pain, danger, uncertainty, or intimidation. Valor is courage or bravery, especially in ...

temperament In psychology, temperament broadly refers to consistent individual differences in behavior that are biologically based and are relatively independent of learning, system of values and attitudes. Some researchers point to association of tempera ...

intelligence Intelligence has been defined in many ways: the capacity for abstraction, logic, understanding, self-awareness, learning, emotional knowledge, reasoning, planning, creativity, critical thinking, and problem-solving. It can be described as t ...

wisdom Wisdom, also known as sapience, is the ability to apply knowledge, experience, and good judgment to navigate life’s complexities. It is often associated with insight, discernment, and ethics in decision-making. Throughout history, wisdom ha ...

and

justice In its broadest sense, justice is the idea that individuals should be treated fairly. According to the ''Stanford Encyclopedia of Philosophy'', the most plausible candidate for a core definition comes from the ''Institutes (Justinian), Inst ...

. These excellences may translate into a concern with equity in virtue jurisprudence.

Legal philosophers

Whilst both legal theorists Kelsen and Hart believe that legal normativity cannot be reduced to mere factuality or moral normativity, their approaches to interpretations of the concept itself differ. A comparison of their respective contributions to legal normativity will be presented.

Kelsen's "General Theory of Norms"

Kelsen explores factors that contribute to the normative status of legal rules. He believes that although all normative legal systems have similar structures, each particular system displays idiosyncrasies, thus making law conceptually distinct from morality (Moore, 1978). Kelsen puts forth the argument that the Basic Norm is presupposed when an individual chooses to interpret the actions of authoritative officials in a normative way. 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. The Pure Theory champions legal positivism, which draws a clear distinction between the factual "is" and "what ought to be". Kelsen identifies law as both a unique type of social phenomenon that is differentiated from the rest by its specific mode of coercion, thus equating it with a system of norms. Yet, he also propounds the importance to distinguish between law in a factual sense and in the normative sense, associating his conviction about the normative character of law with a methodological dualism. In its factual sense, Kelsen proposes that "law is an order of human behaviour". By drawing similarities between order, customs and etiquette, Kelsen suggests that the highly factual nature of law renders it an empirical phenomenon. Law is thus defined as both a social technique that coerces those who are subject to it into a system of rules of behaviour, while order constitutes an expansive system of norms that are derived from and validated by the same reason. An individual can thus determine whether a norm belongs to a normative system by ascertaining that it derives validity from the basic norm constituting the order. In its normative sense, laws are defined as "what ought to be done if something should be the case". Kelsen proposes that the normative statement, "it is a rule", can only have sense in the context of regular behaviour combined with a reflective, critical attitude by the population. In adopting this perspective, Kelsen ignores the specific "internal" dimension conditioning the meaning of normative utterances that are related to human values and morality.

Hart's "Sui Generis"

Hart rejects the notion that legal norms are formed by the classical "natural law model" and emphasises the contexts within which legal norms can have meaning. Hart's view navigates how contemporary societies may function better if a more deflationary understanding of the law is implemented, in lieu of restrictive moral standards. Hart explains legal normativity by drawing references to social facts instead of Kelsen's approach that displays a methodological dualism. Unlike Kelsen's belief of the radical independence of law from morality leads him to defend that legal theory is fundamentally value-free, Hart does not champion such an extreme view and instead endorses soft positivism. He acknowledges that conformity with moral principles or substantive values can be incorporated into the criteria to determine the validity of legal rules. In explaining the normative force of law, Hart focuses on the context within which normative propositions exist, which has significant power in conditioning the meaning of these statements.

Ontological model of legal norms

An example of an ontological model for legal norms

Legal norms form the foundations of legal systems. Its structure can be presented using an ontological model that depicts how rules of conduct stipulated by legal norms influence the creation and use of legislation. The ontological model of legal norms is an important tool as it facilitates efficient research that enables legal practitioners to make accountable decisions in court by applying legal norms. Legislation refers to laws that have been enacted by the government and made official by Parliament, thus formulating legal norms and their relations. An ontological model of legal norms can provide

legal practitioners A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters. The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as wel ...

with explicit, visual representations of the processes through which legislation is created and administered by the executive government. The norms themselves can be modelled by logic, rules or ontologies to ease the process of retrieving legal information and semantic browsing. Traditionally, legislation retrieval and browsing systems were based on text retrieval whereby a legal practitioner was required to enter specific words in order to acquire the section of legislation that was of interest. This was highly inefficient, as a legal rule may be fragmented whereby the property of the legal system a legal norm regulates in one social relation was contained in different legislation. The fragmentation of legal rules thus compounded the inefficiency of legislation usage and created high barriers for lawyers in regard to legal research, and especially for individuals who wished to retrieve legislative information but did not have a legal background. The ontological model posed an effective solution by categorising legislation based on the meaning of the legal norm it contains, enhancing both clarity and efficiency in research.