Legal Definitions - norm

A norm refers to an accepted standard, model, or pattern of behavior, belief, or value within a particular group or society. These standards can be explicit rules or unwritten expectations that guide how individuals act and against which their actions are often judged. Norms can also describe the typical or most frequent behavior observed within a group.

• Example 1 (Social Etiquette): In many professional settings, it is a norm to arrive punctually for meetings.

  Explanation: This illustrates an unwritten but widely accepted standard of conduct within a professional environment. While not a legal requirement, consistently arriving late would be seen as a violation of this norm and could lead to negative social or professional consequences.

• Example 2 (Cultural Practice): In certain cultures, it is a norm to remove one's shoes before entering a private home.

  Explanation: This demonstrates a cultural expectation that guides behavior in a specific social context. Adhering to this norm shows respect for the host and their customs, while ignoring it might be considered impolite.

• Example 3 (Scientific Standard): For scientific research, it is a norm to publish findings in peer-reviewed journals to ensure validity and reproducibility.

  Explanation: This highlights a standard practice within the scientific community that ensures quality control and builds trust in research outcomes. It's a benchmark for how scientific work is typically conducted and disseminated.

In legal theory, particularly associated with Hans Kelsen's "pure theory of law," a basic norm (also known as grundnorm) is a hypothetical, foundational rule from which all other laws in a society derive their validity. It is the ultimate source of authority that gives legitimacy to the entire legal system, even if it is not itself a written law.

• Example 1 (Democratic Republic): In a democratic republic, the basic norm might be the collective acceptance that laws passed by the democratically elected legislature, in accordance with the constitution, are legitimate and must be obeyed.

  Explanation: This illustrates how the fundamental agreement to respect the constitutional process and the authority of elected representatives serves as the ultimate source of legal validity for all statutes and regulations within that system.

• Example 2 (Monarchy): In an absolute monarchy, the basic norm could be the societal understanding that all decrees issued by the reigning monarch are the law and hold supreme authority.

  Explanation: Here, the foundational rule is the acceptance of the monarch's absolute power to create and enforce laws, providing the ultimate legitimacy for every legal command within that kingdom.