Policies, Laws, and other Social Norms Flashcards
What is a norm?
Norms are solutions to societal issues. Norms surround our lives, but they DO NOT have the same level of contraints
What is normative pluralism?
A multidimensional approach to solve a particular issue EX) HIV - Ethical - Religious - Institutional (etc.)
What is a legal norm?
A set of rules which:
- govern social relations
- are general and abstract
- are publicly adopted and acknowledged
- where compliance is ensured through means of restraint organized by the state
Examples of legal norms
Traffic laws
Taxation laws
Property laws
Health insurance laws
What are the different normative universes?
Deontology (set of rules that a profession gives itself, disciplinary sanction)
Ethics (thoughts on values, pursuit of moral integrity, no sanction)
Law (set of binding rules that a society establishes for itself)
What is legal pluralism?
The existence of different legal orders
A legal order is a set of legal norms applicable to a delimited population, including the institutions that create and implement the laws. The legal norms from a same order share the same basis of validity
Different orders abide by different rules of procedure
What are the characteristics of a national legal order?
- Made within a state
- Applicable within the State
- Hierarchy of norms
- Publication
- Separation of powers
- Accountability mechanism
These principles are generally enshrined in the Constitution
What are the characteristics of the international legal order?
- Made by sovereign States together
- Only applicable to State parties to a specific agreement
- Fragmentation of accountability mechanisms
- Hard law versus Soft law
- No hierarchy
What is the difference between monist and dualist countries?
In monist countries, there is no difference between national and international law. International treaties enter into force as they are after ratification. International law is above national law
In dualist countries, international and national law are separate. Treaties need to be re-enacted into national law
This is decided in the Constitution
The legislative power is more likely to be involved during treaty ratification in monist countries
How do norms overlap?
Norms can overlap at anytime, particularly during the implementation, influence and its internormativity
Can norms conflict?
Yes, norms can conflict at anytime, particularly between the ethic of the norm and its law
Ex) Prisoner on hunger strike being force fed, ruled as unacceptable by the international court of justice
How do norms influence each other?
