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Concept Of The Legal Norm

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Chapter Summary

The relationship between morality, the law, and social customs are important in the study of law. This chapter covers the three-dimensionalism and the method of analysis. It explores the relationship between the law and morality, not so much from a dynamic or historical perspective, but rather from a static point of view reflecting the present moment. The legal norm is "hypothetical," while the moral norm is "categorical". Social customs have also been designated as conventional customs non-legal customs, social conventions, norms of decorum, rules of the social contract, or rules of courtesy. Structure of the legal norm consists of three elements: the "ratio," the legal consequence, and the factual situation. The ratio fits in to the values plane-the plane of idealism. The legal consequence corresponds with the plane of what ought to be-the plane of logic. And the factual situation corresponds with the plane of what is-the factual plane.

Keywords: factual situation; legal consequence; legal norm; moral norm; morality; social customs; three-dimensionalism



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