9.6 Structure and classification of norms

The logic of norms comes from the idea that all norms, regardless of their specific content, have the same structure.

Each standard includes the following parts, or elements:

• content - an action that is subject to regulatory regulation;

• character - the rule obliges, allows or prohibits this action;

• application conditions — circumstances in which an action should or should not be performed;

• subject - a person or group of persons to whom the norm is addressed.

Not all of these parts are explicitly expressed in a regulatory statement. However, without any of them there is no norm.

Many rules also have authority as a special part .

Authority is an individual or authority authorized to demand or authorize.

Legal rules always have a certain authority. Moral norms also imply some kind of authority and change along with a change in their authority. However, the authority behind moral norms is less defined than the authority of legal norms. Even more vague are the authorities behind the norms ("rules") of grammar, games, etc. It is natural to assume that there is no authority behind the norms of logic and mathematics. The “authority of nature”, sometimes referred to in connection with such norms, is no more than a metaphor.

The rules may belong to different authorities, one of which may assess a certain condition as mandatory, and the other as indifferent or even prohibited. The norms “It is obligatory to make A” and “It is forbidden to make A” belonging to different authorities do not contradict each other. The descriptions of "It is true that A" and "False that A" contradict each other, even if they are approved by different persons. The bases of different norms, their subjects and authorities cannot be identified.

In this regard, the norms differ significantly from the descriptions. Descriptions, as they say, are intersubjective: their truth does not depend on who they say, to whom they are addressed and from what point of view the situation displayed in them is described. Norms are not intersubjective in this sense.

In the logic of norms, only three out of five structural parts of a norm are usually taken into account: the content, nature and conditions of the application. It is assumed that all norms are addressed to the same subject and belong to the same authority. This allows for the recording of norms in a symbolic language to abandon the mention of subjects and authorities of different norms that are part of the argument.

It can be noted that the analysis of the structure of norms, given by normative logic, coincides in its basis with those ideas about the structure of norms that have long been established in the theory of law.

In legal interpretation, any rule includes disposition, hypothesis and sanction.

Disposition is a structural element of the rule of law, which reveals the content of the behavior of the subject of law, which has a legally significant character. Hypothesis is a structural element of the norm, indicating the conditions of its action. The disposition is the core of the legal norm, as it indicates the form of behavior of the subject of law, directly determining legal consequences. If the disposition contains requirements for lawful behavior or a ban on a wrongful act, then the hypothesis is a prerequisite for the use of an authoritative prescription.

For example, the conditions and hypothesis of the rule of law relating to the judge’s refusal to accept a statement in a civil case are the claimant’s failure to comply with the procedure established by law for extrajudicial proceedings; the lack of jurisdiction of the case to the court; submission of an application by an incompetent person, etc.

Sanction is a structural part of a legal norm, indicating possible measures of influence on the violator of this norm.

In addition to dispositions, hypotheses and sanctions, the legal norm implies an indication of its subject, authority and a certain characteristic, showing the form in which the subject is ordered to perform the action specified in the disposition. From the point of view of such a characteristic, legal norms are divided into legal rights, right prohibiting and law giving.

The distinction between logical and legal analysis of the constituent elements of a legal norm is therefore connected with the interpretation of the sanction. From the point of view of the logic of norms, a sanction is an integral part of the nature of a norm, i.e. duties, permits or prohibitions expressed by it.

Whether or not to single out a sanction as a special part of a norm depends largely on the intensity and significance of this part in the structure of the norm. In the case of, say, the norms of morality, grammar, ritual, etc. the sanction is not vague, and it can be considered a component of the nature of the norm. With regard to legal norms, it is natural to consider sanction an integral part of a norm.

Although norms are an important element of social life, there is no clear and universal classification covering norms of all kinds. The area of ​​norms is extremely wide, it extends from the laws of the state to the rules of games, logic and mathematics. There is no clear boundary between norms and what does not apply to them. This suggests that the hope of creating a natural classification of norms, like, say, the classification of plants or chemical elements, is unjustified.

In the most general way, norms can be divided into the following groups:

- rules including the rules of the game, grammar, logic and mathematics, customs and rituals, etc .;

- regulations covering state laws, decrees, directives, commands, orders, etc .;

- technical, or target, standards, talking about what should be done to achieve a specific goal (for example, “To keep the house from getting stuffy, you should air it”).

These groups of norms can be called basic. There are also diverse norms that, as it were, occupy an intermediate place between their main types. Of particular interest among non-main types of norms are:

- traditions and customs (“It is necessary to respect the elders”, “It’s customary to decorate a Christmas tree for the New Year,” etc.);

- moral principles (“Take care of your loved ones”, “Do not be envious”, etc.);

- the rules of the ideal ("The judge must be impartial," "Honesty is the best policy," etc.).

It is characteristic that the norms of all kinds, despite their diversity, have, if we ignore the problem of the authority of the norm, the same structure.