Značaj pravne normativnosti za sadržaj pravnog iskustva
The Significance of Legal Norms for the Content of the Legal Experience

Author(s): Mirjana Nadaždin-Defterdarević
Subject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Legal normativeness;Legal norm;Legal relationships;Legal values;Formal value-legal principles;
Summary/Abstract: The legal norm is the most complex content of the legal science; its understanding goes beyond a mere description if its formal composition and it always implies finding and interpreting its message in the social relations regulated by law, legal values and goals which condition the creation of the legal norm and are used by it. While imposing norm and discipline on the social relationships, thus turning them into legal relationships, the system of legal norms aspires to coherence and legality, completeness and specificity, and promotes these requirements as political and legal ideals, as well as formal, value-legal principles which should govern all the creators of legal norms. As the lower legal norms' formulation and application are structured by formal legal principles, at the same time the material legal values are ensured which determine the legal norms. The relationship between high and lower-level norms in a legal system is organised on the basis of legality, both material and formal one. Legality, being a basic formal legal principle, is closely related to all the other formal principles: hierarchy, coherence, specificity and completeness, and it will acquire its full significance, as it turns out, in the interaction with material legal values: fairness and legal security. The formal principle of legality through its realization ensures the application of the material legal principle – the one of legal certainty, and, in order to better understand the relationship between legality and legal certainty, it ought to be extended to the principle of fairness. The principle of legality is also in a functional relationship with the requirement of coherence, and the formal principle of legality is in a specific relationship with the principle of completeness of the legal system – the requirement that there be no legal gaps in the legal system as well as the principle of specificity. The aspect of legal normativeness, without it being its intention, reflects most strongly law as a complex phenomenon, and in the context of formal value-legal principles it creates an impression of its unchangeable, independent and continuous application, thus making the idea of the permanent legal content very convincing, despite constant and inevitable changes of other elements of the legal phenomenon.

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