What Are The Differences Between The Law And The Standard?
The differences between law and norm, terms related to the legal field, have meaning after exploring the foundations on which the legal system is built. The two concepts are used interchangeably on a regular basis. The norm and the law, at a familiar level, refer to what is established by the authorities for the purpose of regulating social relations.
However, the law itself is a type of legal standard. In other words, the law is the legal norm emanating from the legislative branch of the state. Which is sanctioned by constitutional procedures.
Differences between law and norm: delving into the legal system
First of all, it is important to mention the definition and origin of the term standard. The word comes from Latin, and it means “square”. A standard is a rule, an order that must be respected. Its main function is to adjust certain behaviors or social activities. In short, it is made to ensure social order.
By focusing on the area of law, a standard is defined as a legal precept. It is necessary to understand the precepts as those rules which constitute the moral or ethical basis of a conduct or an act. In this way, the concept of law arises.
Laws, like all standards, find their meaning in the function of regulating behavior. But these are behaviors that will be mandatory, so that the person who does not respect them, as mentioned above, is punished.
This means that all laws are standards, also legal standards. Likewise, legal norms are norms, but they may not be laws. Instead, the rules cannot be legal or legislative. This would be the case with religious or moral standards. A person will not go to jail for breaking a religious norm. On the other hand, she can be tried for an offense established by the Penal Code.
It is important to keep in mind that in addition to laws, there are other legal standards sanctioned by other state bodies. Like, for example, regulations or decrees.
Main differences between law and regulation
In summary, one could say that the standard encompasses a generic concept. Thus, the law was born as a type of legal norm, with a more specific character. Its main differences from the standards are as follows:
- The heteronomous character of the law, that is to say imposed by another. Because, contrary to the norms, the law is established by the state. And more precisely, by the legislative power
- Second, its bilaterality. Because before the subject who is obliged to comply with the law, there is another person empowered to demand its conformity. The law creates rights and duties
- The law is enforceable, that is to say enforceable through sanctions. This makes sense given the legitimate possibility of resorting to force, in any case socially organized, in the event of non-compliance. It should be remembered that while the laws grant rights, these can also be demanded through the courts.
In conclusion
Laws are the main source of law in society. On the other hand, norms, such as moral norms, established by the individual or collective conscience, often coincide with laws. But they don’t necessarily have to.
For example, not to kill is a conduct imposed by both moral standards and the law. In other words, a person of all abilities feels and understands that killing is unethical behavior, so it will be a moral standard not to harm others, whether or not that behavior is legally regulated.
However, in this same case, if a person were to commit homicide, the judge will judge him not according to his moral standard, but according to what the law imposes. It will be necessary to see the penalty which must be inflicted on such behavior, which must coincide with the criminal figure, regulated in this case by the Penal Code.
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