Home / Notes / Law & Jurisprudence /

Legal Spheres of Validity and Classification of Norms

Law & Jurisprudence2.52 KB

Classification of Legal Norms by Sphere of Validity

Legal norms are categorized based on four primary dimensions of validity:

1. Spatial Sphere of Validity

This refers to the territorial extension where a legal standard is governing.

  • General Rules: These regulations apply throughout the entire national territory. Example: The Constitution.
  • Local Standards: These rules apply only in specific parts of the country, such as state or municipal levels. Example: Neighborhood association laws and ordinances issued by local councils.

1.1 Belonging to the Legal System

  • National Law Rules: Those established within the national territory.
  • External Law Rules: Rules originating from another country.
  • Uniform Law Rules: Rules adopted by several states (Community Law) through international conventions.

2. Temporary Sphere of Validity

This refers to the length of time during which a rule remains in effect.

  • Indefinite Period: There is no set date for the completion of the rule's validity. Example: Civil Code, Penal Code, and the Constitution.
  • Determined Effect: This occurs when the term of duration is specifically identified. Example: Enabling laws or laws regarding labor immobility.

3. Personal Sphere of Validity

These are conditioned by all other standards within the legal system and focus on the subjects they address.

  • General or Abstract: These regulate conduct based on general elements. They include:
    • General or Common Law: e.g., The Constitution and various Codes.
    • Special Law: e.g., LOPNA, the Law of Universities, etc.
  • Individualized: These lack generality and refer to specific cases. Example: Judicial judgments and contracts.

4. Material Sphere of Validity

This is determined by the substance or "materials" of the rules.

  • Rules of Private Law: These govern the relations of individuals among themselves, or between individuals and the State when the State does not exercise its Ius Imperium.
  • Public Law Rules: These govern the organization and authority of the State, as well as the relations between the State and the public.

Download

PDF Word HTML