Books I & II Definitions Flashcards
(93 cards)
Norm
In the generic sense, a rule (written or unwritten) which seeks to determine the law for a collection of similar situations, relations or cases
Juridical Act
What defines what is just in a concrete case
Rationality
The principal note of the norm, because what is irrational is unjust
Competent Authority
Someone who has sufficient power to bind those to whom a norm is given
Common Good
That specific end for the sake of which members of a society are gathered together
Promulgation
that way in which a norm is officially made known to its recipients
Law
the general written norm, promulgated by someone who has legislative power
General Law
A law directed to all members of a community
Particular (Special) law
a law addressed only to a group within the community
Subject of Law
the recipient of law who is bound thereby
Territorial Law
law given for residents of a particular territory
Personal Law
Law that concerns certain persons by reason of their personal condition
Invalidating Law
a law that establishes the nullity of a given act
Incapacitating Law
a law that establishes the incapacity or ineligibility of someone for something
Vacatio Legis
The time from the moment of the publication of the law until it comes into effect
Retoractivity
Refers to the effects already caused (acquired rights) that in principle are not cancelled by a subsequent law
General Legislative Decree
A general norms promulgated by one who has legislative power. (These are really laws.)
Custom
a general norms established by usage in a community
Custom With the Force of Law
reasonable, observed in a stable way by a community as norm, approved by the legislator, observed for a required length of time
Secundum Legem
according to the law. “Custom is the best interpreter of the law.”
Praeter Legem
outside the law. When a custom extends the law to cases or subjects not established therein, completing the legal order
Contra Legem
Against the law. What establishes something in contrast with what is determined by a law, and thus tends to substitute it (disuse)
Administrative Norm
General norms pronounced by administrative bodies with executive power, in order to specify and enforce the provisions of laws
General Executory Decrees
those which define more precisely the manner o applying a law, or which urge the observance of laws