Introduction to Legal Systems and Norms

TL;DR

Legal systems are structured ways societies govern themselves through rules. These rules, called norms, tell us what we can and can't do. Understanding how norms are created and organized is key to understanding public law.

1. The Mental Model

Think of a legal system as a set of instructions for a country. These instructions tell everyone, including the government, how to act. Laws are just individual instructions within that set.

2. The Core Material

What is a Legal System?

A legal system is the entire framework of laws, institutions (like courts, police, parliament), and procedures that a state uses to regulate the conduct of its members. It provides order, resolves disputes, and protects rights. There isn't just one type; different countries have different systems, often influenced by history and culture.

Legal Norms: The Building Blocks

A legal norm (or simply "norm" in this context) is a rule of conduct backed by the state's power. It's not just a suggestion; it carries consequences if violated.

Characteristics of Legal Norms:

• Generality: They apply to anyone in a specific situation, not just one person. For example, "all drivers must stop at a red light."
• Abstractness: They don't refer to a single, specific action, but a type of action. "Don't steal" covers any act of stealing, not just stealing one particular item at one particular time.
• Coercibility: The state can enforce them, using force if necessary (e.g., fines, imprisonment). This is what distinguishes legal norms from moral or social norms.
• Exteriority: They regulate outward conduct, not just inner thoughts or beliefs. A legal system is generally concerned with what you do, not what you think.

Sources of Law

Where do these norms come from? The main sources of law tell us how norms are created and where to find them.

• Legislation: Laws passed by a legislative body (like Parliament). This is the most common source in many systems. Think of acts, statutes, or codes.
• Custom: Practices that have been followed consistently over time and are accepted as legally binding within a community. Less common in modern public law, but still relevant in some areas.
• Jurisprudence (Case Law): Decisions made by courts, especially higher courts. In common law systems (like the UK or US), these decisions can create binding precedents. In civil law systems (like It