Understanding Legal Norms and Branches of Law

Legal Norms: Definition and Characteristics

A legal norm is a mandatory rule of conduct. While individuals may choose whether or not to comply, failure to do so results in sanctions. Its key characteristics include:

• Mandatory: These are mandates that prescribe specific conduct.
• General: They apply to undetermined individuals in the situations they prescribe.
• Bilateral: All legal standards involve two or more parties, where one holds a right and the other a duty (e.g., a tenant must pay rent).
• Enforceability: The possibility of using force to ensure compliance; legal norms are coercible.
• External: Legal norms regulate the external behavior of people, rather than internal thoughts.

Branches of Law

Public Law

Public law governs the state as a party. It includes:

• Constitutional Law: Regulates the organization of the state.
• Administrative Law: Relates to public utilities, officials, and state responsibilities.
• Criminal Law: Governs crime, crime control, and public penalties.
• Financial Law: Manages state fiscal matters.
• Procedural Law: Instrumental rules ensuring the protection of rights.
• International Public Law: Governs legal relations between states.

Private Law

Private law regulates relations between individuals:

• Civil Law: Governs private relations, including family, probate, obligations, goods, and contracts.
• Labor Law: Regulates individual and collective employment relationships, including salaries, weekly rest, and union negotiations.
• Commercial Law: Governs traders, commercial companies, and contracts such as auctions, merchandise transport, and insurance.

Legal Order and Principles

A legal order is a coherent set of rules applied within a state's territory. It is governed by three main principles:

• Principle of Hierarchy: Establishes that higher standards supersede inferior ones.
• Principle of Competence: Applies when two rules of the same hierarchy conflict but were created by different organs.
• Principle of Repeal: Applies when two rules of the same hierarchy conflict and were created by the same organ; the newer standard supersedes the older one.