What are the differences between law and norm?

The differences between law and norm, terms related to the legal field, make sense after delving into the bases that underpin the legal system. Colloquially, Both concepts are used interchangeably. and they refer to what is established by the authorities with the objective of regulating social relations.

However, The law, in the strict sense, is a type of legal norm. That is, the law is the legal norm emanating from the legislative power of the State and that which can be sanctioned by the procedures established in the constitution. Let’s see in detail what each one consists of and what their main differences are.

What is a norm?

Let’s first define the term ‘norm’. It is a word with roots in Latin and can be literally translated as “square”, that is, what is used to follow straight or straight. Therefore, it is a mandate that must be obeyed so that certain behaviors or activities do not alter the social order. Furthermore, as this legal article states, the norm, as such, arises from the essence of the various social relations.

Focusing on the field of law, A norm is defined as a legal precept. Understanding precepts as those rules that constitute the moral or ethical basis of a conduct or act. From this concept, the concept of law then arises, which we will discuss later.

Characteristics of the standards

The defining features of the norms could be summarized in several points. You have them below:

Its objective is to facilitate coexistence among members of any social group.There are various types of standards, which depend on the context and social group in which they are applied. Some of them are: family, work, religious, protocol, moral and legal rules (where laws come in).Non-compliance usually generates disapproval in the members of the social group.They are not fixed, so they may vary over time.They are present in most areas in which the individual develops.They are in tune with the values ​​of the institution, community or society from which they were created.They cannot go against legal normssince it would be an inconsistency, because legal norms or laws are a reflection of the “general will”, but approved in a legislative plenary session with representatives of the people, as understood by several thinkers, including Jean Jack Rousseau.

Examples of standards

To better understand the nature of the rules, what better than to see some examples. Here are some:

religious norms: respect the symbols of religion; do not eat pork (in the case of Judaism), do not commit sins, worship God, etc.Moral standards: respect your neighbor, be honest, do not discriminate based on race, sex or religion, help those most in need, among others.family rules: putting away toys after playing, helping with housework, keeping the house tidy, not receiving visitors after a certain time; etcSocial norms: Respect traffic signs, respect the line at the supermarket or bank, do not throw garbage in the street or give up your seat in a public place to an elderly or pregnant person.

What is a law?

Laws, like all norms, find their meaning in the function of regulating behavior. But these are behaviors that will be mandatory.so that the individual who does not comply with them, as mentioned at the beginning of the article, will be sanctioned.

In this way it is understood that all laws are norms, but not all norms are laws. This would be the case of religious or moral norms: a person will not go to prison for breaking a religious norm. On the other hand, he may be tried for a crime classified in the Penal Code.

It is important to keep in mind that, in addition to laws, there are other legal norms that are sanctioned by other State bodies. Such as, for example, regulations or decrees.

Characteristics of the laws

That said, the laws also have a series of their own characteristics. They can be summarized as follows:

Their purpose is grant rights and obligations.They vary depending on the country, nation or state. In this way, there may be laws that apply in certain sectors of the national territory and not in others.They are created by the competent authority of the country or regionas is the legislative power.They must be fulfilled even if citizens do not agree with them.They can be repealed or modified.

Examples of laws

As in the previous section, we are going to give some explanatory examples that allow us to establish differences between law and norm. Among the most popular laws are:

Those that obligate the parties to a contract to comply with what is established by it.Laws that prohibit and penalize theft or theft.Laws that require the payment of taxes.The laws that guarantee the integrity, safety and health of minors. Laws protecting national parks and monuments, etc.

Differences between law and norm: delve into the legal system

As a summary, it could be said that the norm encompasses a generic and moral notion. While The law is born as a type of legal norm, with a more specific character. Its main differences from the standards are the following:

He heteronomous character of the law, that is, imposed by another. Because, unlike regulations, the law is established by the State and, specifically, by the Legislative Branch.Secondly, its bilaterality. Because in front of the subject who is obliged to comply with the law, there is another person empowered to demand compliance with him. The law gives rise to rights and duties.The law is coercible, that is, enforceable through sanctions. This makes sense given the legitimate possibility of resorting to the use of force, in case of non-compliance. It is important not to forget that, if the laws grant rights, these can also be demanded through judicial means.

Conclusions on the differences between law and norm

Laws are the main source of law in society. On the other hand, norms such as, for example, moral norms, established by individual or collective conscience, often coincide with laws. But they don’t have to do it compulsorily. Likewise, it should be noted that a norm is not unanimous either, since it can be raised by a minority with sufficient economic or political power, which can clash with other segments of the population.

As an example, one can think of the action of not killing, which is a behavior imposed by both moral norms and the law. That is, a person with full capabilities feels and understands that killing is unethical behavior, so it will be a moral norm not to harm others, regardless of whether this behavior is regulated by the law.

However, in this same case, if a person commits a homicide, the judge will judge him not according to their moral standard, but according to what the law dictates. It will be necessary to see the penalty that should be imposed for this conduct, which must coincide with the criminal figure, regulated in this case in the Penal Code.

In summary, the differences between law and norm may not be so noticeable in an everyday environment. However, it is good to have both concepts clear, since it will allow us to better deal with legal language and continue developing our conceptual capacity. And you, did you know these differences?

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