The importance of analyzing the structure of the legal norm in order to interpret and to apply correctly the law

• Author: Roxana-Denisa Vidican
• Position: Faculty of Juridical and Administrative Sciences,Agora University of Oradea, Romania
• Pages: 102-106

AGORA International Journal of Juridical Sciences, http://univagora.ro/jour/index.php/aijjs

ISSN 1843-570X, E-ISSN 2067-7677

No. 2 (2018), pp. 102-106

102

THE IMPORTANCE OF ANALYZING THE STRUCTURE OF THE LEGAL NORM

IN ORDER TO INTERPRET AND TO APPLY CORRECTLY THE LAW

R.D. VIDICAN

Roxana-Denisa VIDICAN, Candidate PhD.

Faculty of Juridical and Administrative Sciences,Agora University of Oradea, Romania;

Faculty of Law, Doctoral School, Titu Maiorescu University, Bucharest, Romania.

Correspondence: Roxana-Denisa Vidican, Agora University of Oradea, 8 PiaţaTineretului St.,

Oradea, Romania

E-mail: vidican.roxana@yahoo.com

ABSTRACT

In everyday life, people enter a multitude of social relationships with their peers. A

social relationship turns into a legal relationship only if there is a legal norm that governs it.

The law can not be conceived in the absence of the legal norm, so we can say that the legal

norm is an essential element of the law.

KEY WORDS: legal norm, hypothesis, disposition, sanction

INTRODUCTION

Being an integral part of social norms, legal norms address human behavior. They are

rules of conduct instituted or sanctioned by the state, the application of which is ensured by

legal consciousness and, if necessary, by the coercive force of the state.

1

The purpose of the legal norm is to ensure social cohabitation in the direction of

promoting and consolidating social relations according to the ideals and values that govern

the society. By means of legal norms, inter-human relations are regulated in specific forms.

2

In the analysis of the structure of the juridical norm, we distinguish the logical-

juridical structure and the technical-legislative structure of the rule of law, respectively the

internal structure, given by the way of its composition, and the external construction, given by

the way of expression of the regulation within the normative act or another source of law.

3

THE LOGICAL-LEGAL (INTERNAL) STRUCTURE OF THE NORM

The logical-juridical structure of the rule of law is of particular importance, as it

indicates the elements of the norm and the interdependence between them.

This construction corresponds to the logical situation that any prescription to have the

meaning and authority of a rule of law must prescribe the conditions under which certain

categories of subjects will have a certain conduct (hypothesis), what is this conduct

(disposition) and the consequences of non-compliance or violation (sanction).

1

Gh. Boboş, C. Buzdugan, V. Rebreanu, Teoria generală a statului şi dreptului, Ed. Argonaut, Cluj -Napoca,

2008, p. 334.

2

L.R. Popoviciu, Elemente de drept: note de curs, Ed. Universităţii Agora, Oradea, 2007, p. 25.

3

I. Santai, Introducere în teoria generală a dreptului, Ed. Risoprint, Cluj-Napoca , 2000, p.66.