Faced with this situation, different normative orders have been invented to simultaneously regulate social behavior, leading to the configuration of four types of norms: legal, moral, religious and social. Then you will study each of them. The different legal norms have one thing in common: their main characteristics are enforceable. In fact, thanks to them, they differ from other types of rules. Structurally, religious norms are rules of conduct that determine which behaviors are permitted and which are prohibited. Non-observance leads to sin, which in this sense is the consequence by which divine punishment is expressed, and represents the threat by which individuals are destined to conform to the prescriptions prescribed in the norms (Ovilla, 1990). Legal norms differ from other types of legal norms in their characteristics: ignorance of knowledge of the rules does not exempt citizens from complying with the rules. Even if you don`t agree with them. The rule of law has a dual character; It is a direct or indirect mandate of the state to make or not to make, and also a judgment on behavior, a certain relationship between two or more ideas. Such a judgment is conditional or hypothetical because the statement or negation it implies is subject to a condition or assumption. [4] Because of the importance of morality in the dimension of codes of conduct, we will use the thesis of Álvarez Ledesma (1995) with regard to the study of moral norms. For this jurist, moral norms determine the search for individual and inner improvement of each person (Álvarez, 1995).
Based on the above, it divides it into two types: these are rules that are not written or regulated by the state or any other organization, but are passed down from generation to generation and are known to all citizens. Certain moral norms underlie social and legal norms. There are many ways to classify legal norms. Here are some of the most important categories: Hart pointed out that what distinguishes law from other normative systems is that it consists of other systems of rules: primary and secondary. According to the jurist Leonel Pereznieto (1998), legal norms are bilateral or peremptory-attributive, external, compulsive and heteronomous rules of conduct. Legal norms have the ability to impose obligations, grant rights, and establish order between human interactions. To put an end to this question, it is important to note the difference between ethics and morality. The first is a branch of philosophy defined as behavioral theory (García, 2005), which allows us to distinguish right from wrong. The second, in turn, is defined as the set of rules of human behavior that serves as a parameter for distinguishing good from evil.
Man is social by the necessity of biological survival and needs the law to regulate human behavior in order to ensure social coexistence. However, legislation alone is not sufficient to achieve this objective. Twenty examples of generalized legal norms are given below: The rights that legal norms grant to citizens can be affirmed. Similarly, non-compliance results in penalties that depend on the importance of the standard. For example, stealing from an inhabited house is not the same as stealing food from a store. García Máynez (2005) argues that social conventions are external, intolerable, heteronomous and unilateral rules of behavior. The existence of a hierarchical level gives additional importance to the various legislations. This level illustrates what the priority of one over the other is in case of conflict between them.
Standards or orders can be of several types, depending on the authority they issue or the habitat they seek to regulate or control. Thus, we can also talk about it: legal norms are rules that must be respected in a given country in order to live within the framework of the law, since their non-compliance leads to a sanction clearly defined in one of the codes in force (civil code, criminal, commercial code). For example: it is forbidden to let a child work, everyone has the right to identity. Generally, religious norms are « a set of norms that establish intrinsic duties created by humans from a historical event called revelation, which is considered a glimpse into divine existence » (Ovilla, 1990, p. 58). There is a similar classification, known as Hart`s classification (proposed by the English legal philosopher Herbert Adolphus Hart, 1907-1992), which distinguishes legal norms according to the same criterion, but as follows: the similarity between ethics and morality is their object of study, that is, human behavior; The difference is that the former is the philosophical discipline, while the latter is a set of rules of conduct. The content of any legal norm is always the result of historical-social development, and societies must be open to reconsidering certain norms if necessary, because circumstances change and it would be a mistake to believe that the most just and correct order has already been achieved. The competent authorities are responsible for both implementation and enforcement. This is how legal systems are constructed. It is only the sum of all the legal rules of this society. While legal norms deal with the administration of justice, moral norms include what society traditionally considers good, fair or tasteful. Moral standards are partially enforced because society ensures their compliance.
All this allows us to identify the characteristics of the moral norms proposed by Manuel Ovilla (1990): morality is the discipline that, in the light of reason, determines the rightness of human action in relation to the final end of humanity or to the norms deriving from our final end (Villoro, 1978). Taking into account the above table, we can confirm that legal norms are heteronomous, bilateral, internal, external and coercive; morals are autonomous, unilateral, internal and intolerable; Religious are heteronomous, partial, internal and intolerable, while those of social treatment are heteronomous, unilateral, internal and intolerable. The legal norm deserves little attention in Peruvian literature and jurisprudence. The exception is the Constitutional Court, which is confronted with this theoretical question and intensive practical application in its decisions. Below you will find comments on his contributions to questions of validity and validity of legal norms, accompanied by an attempt to systematize ideas necessarily dissipated by the jurisprudential nature of their production. In this article, we will only deal with general rules, not specific rules. The difference between the two is formal and substantial. [3] These rules vary by custom and territory. Each culture has its own social norms, although there are some universal norms. Social norms are linked to values such as respect, responsibility and tolerance and are passed down from generation to generation. These rules are usually written in religious codes or books, vary according to religion, and must be known to all believers.
Religious norms refer to what a religion establishes as morally correct and include the individual and social aspects of a person. There are several ways to classify legal norms. Two of the most important are: it differs from other norms of behaviour in its heteronomous character (imposed by another), bilateral (before the subject is obliged to comply with the norm, there is another that is empowered to demand compliance), coercive (enforceable by sanctions given the legitimate possibility of resorting to socially organized violence in case of non-compliance) internally and externally (respect of the standard is important not to be convinced). [2] Legal norms can be distinguished from legal norms because the former have a prescriptive intent, while rules have a descriptive character. In addition, the term is closely related to that of right. Different meanings can be attributed to the latter concept, one of the most recurrent being the order or system of legal norms. Legal norms govern human behaviour in society. The authorities are responsible for preparing them either themselves or through bodies to which they delegate this competence. For example, parliaments in different countries are generally responsible for drafting and adopting laws. In the State of Texas, the Texas Disciplinary Rules of Professional Conduct establish standards of ethical conduct for the purposes of legal discipline.