Lessons 17 · 1 lessons · O. Karimova, N. Ismatova, Sh. Sariqov, O. Amanova (methodological editor E. Sariqov). O‘zbekiston davlati va huquqi asoslari (Foundations of the state and law of Uzbekistan), Grade 8. Huquq va Jamiyat publishers, Tashkent, 2019
17
Legal norms
Textbook: pp. 95–99
GoalExplain the concept, features and structure of a legal norm (hypothesis, disposition, sanction) with examples.
New words
legal norm · huquq normasihypothesis (condition) · gipotezadisposition (rule of conduct) · dispozitsiyasanction · sanksiya
Explanation
A legal norm is the smallest basic element of the legal system: a rule of conduct set and protected by the state, binding on everyone. Its features: it expresses the will of the state (people), is fixed in official documents, is backed if necessary by the state’s power of compulsion, and regulates the most important social relations. A full legal norm may have three parts. The hypothesis states the conditions – when and to whom the norm applies (“if...”). The disposition is the rule of conduct itself: what must, may or may not be done (“then...”). The sanction is the coercive measure applied if the norm is broken (“otherwise...”). For example: a driver approaching a pedestrian crossing (hypothesis) must give way to pedestrians (disposition); if the driver does not, a fine is imposed (sanction). In some norms the sanction or hypothesis is not stated openly: the Constitution’s rule “The capital of Uzbekistan is the city of Tashkent” contains mainly a disposition. In short: condition – rule – consequence.
Worked examples
“If someone secretly takes another’s property (hypothesis), this is forbidden (disposition) and the punishment set by law applies (sanction)”. This is a simplified form of the norm on theft.
A school rule (“do not be late for lessons”) is not a legal norm but an internal disciplinary rule. A legal norm is binding at the level of the whole state and protected by the state.
Class activity
“Norm builder”: each group writes the hypothesis, disposition and sanction for one simple rule (for example returning a library book) and passes it to another group, which checks that the parts are correctly separated.
Practice
1
What is a legal norm?
A rule of conduct set and protected by the state, binding on everyone.
2
Show the difference between hypothesis, disposition and sanction in one example.
For example: at a red light (hypothesis) one must stop (disposition); if broken, a fine (sanction).
3
Why is a sanction often not stated in constitutional norms?
Because the Constitution sets basic principles and rights; liability for breaches is set in other laws (codes).
4
Which is NOT a legal norm: a traffic rule or a class duty rota?
The duty rota is an internal rule; the traffic rule is a legal norm.