Key Legal Principles: Social Norms, Law's Lifecycle, Sources

Social Uses of Law

Self-regulation is imposed on an individual's public behavior to gain social acceptance within their operating human group, also known as rules of social intercourse.

Theories on Social Uses

Giorgio Vecchio's Perspective

This author states that social conventions are not a special kind of rules, and therefore, they do not entitle anyone to demand the observance of obligations.

Stammler's View on Social Practices

This author states that social practices are part of morality, which influences individuals to observe certain behaviors, contrasting with the enforcement posed by law.

Kelsen on Social Rules vs. Law

This author states that the rules of social use differ from law because there is no coercion for compliance.

Social Use vs. Morality

• Morality: It is internal; social conviction is external.
• Morality: It is autonomous; social use is heteronomous.

Legal Principles: Entry into Force

Entry into Force of Law

This refers to the date or time at which a law becomes mandatory.

In Venezuela, there are two important systems that define the entry into force of law, though three systems are generally recognized in legal studies for this purpose.

• Instant Systems

  Article 1 of the Civil Code states that "the law takes effect when it is promulgated in the official gazette!"

• Vacatio Legis System

  This type of system runs from a specified date after its promulgation.

• Simultaneous System

  This system coincides with the instant system in that the law takes effect simultaneously throughout Venezuela.

• Event-Based System

  The entry into force of the law is fulfilled gradually throughout the national territory, often triggered by specific events.

Cessation of Law in Venezuela

Cessation of law refers to the suspension or termination of a law's validity.

Classes of Cessation

• Temporal Cessation

  This refers to the temporary suspension of a law's validity within a territory for a certain period, with provisions for it to become effective again once specific conditions are met.

• Discontinuance or Termination

  Such a system signifies the loss of validity of an Act, which may occur due to internal or external causes.

Classes of Repeal

• Express Repeal

  Occurs when the legislature explicitly includes a provision within the same rule stating that it is to be repealed.

• Tacit Repeal

  Occurs when there is no explicit rule stating the suspension or cessation, but a new law implicitly overrides an older one.

Legal Principles: Sources of Law

Sources of Law

Sources of law refer to whatever gives rise to legal norms, indicating where law originates. The concept of sources of law has evolved with the development and implementation of legal systems.

Classification of Sources

• Direct Sources
• Formal Sources
• Material Sources

Formal Sources of Law

• Doctrine
• General Principles of Law
• Case Law

Material Sources of Law

• Law in a General Sense

Kinds of Law

• Organic Law: Defined by the Constitution itself, as per Article 203 and the National Constitution (CN).
• Special Law: Those that underlie or pertain to other laws.
• Ordinary Law: Has an indefinite scope and is essential for ensuring compliance with the procedures established for its formation within the legal framework.