Legal Literacy - Learn hierarchy of legal norms, starting from the definition of norms, legal norms, to their hierarchy. Discover explanations regarding:
- Norm:Rules, standards, and guidelines for behavior in society.
- Legal Norm:Written rules created by the state with binding force.
- Hierarchy of Legal Norms:A hierarchical arrangement of interrelated legal norms.
- Hans Kelsen's Theory:Theory. Stufenbau des Rechts and the concept of Grundnorm.
- Hans Nawiasky's Concept:Â Die Stufenordnung der Rechtsnormen and the classification of norms.
- Benefits of the Hierarchy of Legal Norms:Maintaining consistency, certainty, and dispute resolution.
Before discussing the hierarchy of legal norms, it is important to understand 3 concepts, namely the meaning of norms, the meaning of legal norms, and the meaning of the hierarchy of legal norms.
Norms
A norm is a rule, standard, or guideline for behavior that is generally expected and approved of in a society or specific group. Norms function to regulate social interactions, maintain order, and provide guidance on what is considered right, appropriate, and acceptable.
Here are some important aspects of norms:
- Values and Beliefs: Norms reflect the values and beliefs of society about what is considered important and valuable.
- Social Control: Norms function as a mechanism of social control, encouraging compliance through social pressure, rewards, or punishments.
- Types: Norms can consist of:
- Social Norms: Unwritten rules about behavior that is considered acceptable in a group or society.
- Religious Norms: Rules of behavior that originate from religious beliefs and teachings.
- Moral Norms: Ethical standards that distinguish between right and wrong.
- Legal Norms: Formal rules established and enforced by government authorities.
Why are norms important?
- Maintaining Order: Norms create a sense of order and predictability in social interactions, facilitating smooth relationships and reducing conflict.
- Protecting Rights: Legal norms protect individual rights and enforce justice.
- Promoting Social Cohesion: Norms unite people with shared expectations, strengthening a sense of community.
- Code of Conduct: Norms provide individuals with a framework on how to act in various situations and contexts.
Legal Norms
Legal norms are written rules created by official state institutions that have binding force and compel every individual to obey. Legal norms aim to create order and justice in social life.
Characteristics of Legal Norms
- Created by official state institutions: Legal norms are created by official state institutions such as legislative bodies (House of Representatives), executive bodies (President), and judicial bodies (Supreme Court).
- Written: Legal norms are stipulated in the form of laws and regulations such as laws, government regulations, and regional regulations.
- Binding and compelling: Legal norms have binding force and compel every individual to obey. Violations of legal norms will be subject to sanctions.
- Aimed at creating order and justice: Legal norms aim to create order and justice in social life.
Functions of Legal Norms
- Maintaining order and security: Legal norms maintain public order and security by regulating individual behavior and preventing criminal acts.
- Realizing justice: Legal norms realize justice by providing equal rights and obligations to every individual.
- Protecting individual rights: Legal norms protect individual rights such as the right to life, the right to freedom of expression, and the right to education.
- Encouraging national development: Legal norms encourage national development by creating a conducive climate for investment and economic activities.
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