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Classifications Of The Legal Norms

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Chapter Summary

The distinction between primary and secondary norms is often employed as much in the General Theory of Law as in particular juridical disciplines. A primary differentiating element would be chronological or temporal. According to this, primary is what comes first in time and secondary is what comes next. A second point of view is the axiological, which is no longer neutral, since it refers to values. This, in turn, is subdivided into the axiological-functional criteria and the axiological-hierarchical criteria. The other classification criteria for legal norms are: by material effectiveness, by effectiveness in time, by effectiveness in space and the distinction between the norms of public law and those of private law. Among the incomplete legal norms three types can basically be distinguished: the explanatory, the restrictive, and the remittable. The existence of individual norms has been highly disputed in terms of doctrine.

Keywords: axiological-functional criteria; axiological-hierarchical criteria; individual norms; legal norms; public law

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