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Engleski Jezik Seminarski
Engleski Jezik Seminarski
SABINA TRAKO
ENGLESKI JEZIK
SEMINARSKI RAD
Travnik, 2020.
1
SVEUČILIŠTE/UNIVERZITET „VITEZ“ VITEZ
PRAVNI FAKULTET VITEZ
STUDIJ I CIKLUSA; GODINA STUDIJA: I; CIKLUS: I
SMJER: OPĆE PRAVO
PRAVNA NORMA- The legal norms and their types
SEMINARSKI RAD
IZJAVA: Ja, Sabina Trako, student Sveučilišta/Univerziteta “Vitez“ Vitez, Indeks broj:
051/18 - REFRR odgovorno i uz moralnu i akademsku odgovornost izjavljujem da sam ovaj
rad izradila potpuno samostalno uz korištenje citirane literature i pomoć profesora, odnosno
asistenta.
Predmet: Engleski jezik
Profesor: prof. Vesna Biljaka
Student: Sabina Trako
Indeks broj: 110-20/DPOP
Travnik, 2020
Contents
Introduction....................................................................................................................1
Legal form.......................................................................................................................2
Disposition......................................................................................................................2
Sanction..........................................................................................................................3
Classification of legal norms according to the scope and subject od regulation...........4
Classification of norms according to the areas od social life they regulate…………….....4
Classification of norms according to the degree of specification of disposition…………5
The true meaning of legal form………………………………………………………………………………..6
The means od interpretation of a legal norm……………………………………………………………6
Targeted interpretation………………………………………………………………………………………….…7
Systematic interpretation………………………………………………………………………………………7,8
Historical interpretation…………………………………………………………………………………………..8
Conclusion……………………………………………………………………………………………………………….9
Source………………………………………………………………………………………………………………………10
Introduction
In this research paper we will explain the concept of legal norm, its elements without
which it could not be a legal norm – the disposition and sanctions. We will also discuss the
types of legal norms and the ways in which we interpret them.
The very concept of legal norm is very extensive and complex, but we will explain it so
that it would be understandable to someone who has not encountered the very subject of
law, more precisely the concept of legal norm, and its types of interpretation. The main literary
sources used as guidance throughout this paper will
be Professor Rizvanović’s “Poslovno pravo” (2013) and various online sources.
1
Legal Norm
"Legal norms are a rule of conducts for people in a society protected by the
state government and officials. These are the rules which are set to be obeyed by all. This
means that the people in a country must adhere to these rules and have to
act accordingly. If they are to refuse to do so, the state forces them by the means of
physical coercion.” (cited from Rizvanović, 2013) Every legal norm has its two basic
elements: disposition and sanction.
Disposition
Disposition is the part of the legal norm which contains the rule of
conduct. Disposition instructs us on what should be done in a given situation. It is the
normative part of the legal norm, but the disposition itself is not yet a legal norm. It
will only become such when a sanction is added to it. A code of conduct, a desirable rule of
conduct contained in a disposition, may be expressed differently as an order, a prohibition,
and an authority.
Example:
Citizens are obliged to pay taxes on property. (Disposition order)
It is prohibited to drive a car without a driver's license. (Prohibitive disposition)
Citizens are free to manage their own property. (Disposition authority)
Some authors classify the dispositions according to the criteria by which legal norms
are classified. Such classifications are also justified, because disposition is an essential part of
the legal norm, it is the primary rule of conduct. According to this classification, dispositions
can be defined and relatively undefined. According to this criterion, the dispositions can be
divided onto:
a. Mandatory
b. Dispositive
c. Alternative
d. Private
e. With the use of standard support.
The definition of each of these dispositions is equal to the definition of the corresponding
legal norm.
Sanction
Sanction is a secondary rule of conduct. It can be positive or negative, depending on
how the society assesses the subject's action in relation to the rule of conduct from the
disposition. The sanction is a part of the norm that contains a rule on the conduct of the one
who did not act according to the disposition, who violated the disposition and the conduct of
the one who is called to take the estimated measure against the offender. The
state authority is always one of the subjects of the relationship created by the sanction, so the
rule on punishment is always formed so that it can ultimately be executed by the use
of coercion. In order for the sanction not to remain unenforced, another sanction is
estimated against the state authority if it does not enforce the first sanction.
The second sanction is a legal consequence of the violation of the first. Sanctions
are issued according to the offenses to which they apply. We differentiate criminal - legal
offenses (criminal acts) - a sanction is a punishment that consists of taking away
a person’s goods, honor, freedom, property and life. The principle of legality - is being
adopted for criminal offenses. This means that only a human act which is deemed as a
criminal offense by the law can be considered a criminal offense and that only
punishment fit for that act can be imposed by the law.
For civil - legal offenses, the sanction is compensation for property damage. It refers to the
property of the person who violated the disposition. Administrative offenses are actions less
dangerous to the public interest. A sanction is an administrative penalty consisting of
the property confiscation, freedom or honor, but to a lesser extent than which is the case with
a criminal offense. The principle of legality also applies to administrative offenses.
Disciplinary measures are sanctions for a disciplinary violation. They are issued against
workers who do not perform their work as determined by the rules of labor. Sanctions can be:
a. Specific
b. Relatively undetermined
c. Mandatory
d. Dispositive
e. Alternative
f. Private
g. Sanctions with the use of legal standard support
Classification of legal norms
Historical interpretation
It is a procedure during which we seek the meaning of a legal norm by examining the
historical circumstances which have preceded the enactment of that norm or
occasion (historical interpretation - occasio legis), (Gadžo, 2020, pp. 380) of its enactment.
This interpretation serves as a guidance to targeted interpretation and is applied by comparing
the norm that is being interpreted to the norms which preceded it or to the breafing packs
(drafts, proposals) of the enactment of the norm which is being interpreted, with
parliamentary reports, etc.
Conclusion
At the beginning of the research paper we have explained what a legal norm is and the
elements of a legal norm. Throughout the main part of the paper we have explained the basis
on which legal norms are classified and which legal norms fall under each given
classification. Everything is explained in a simple language so that it would be
understandable to those encountering the given topic for the first time. The very end of the
research paper explains and describes the interpretation of legal norms, and the ways in which
can be described in greater detail.
Source:
Primary Literature:
Rizvanović,E.,
“Poslovno pravo - natjecanje, osnivanje, prestanak poslovnih subjekata“, 2013,
Sarajevo, Privredna štampa d.o.o.
Secondary Literature:
Gadžo, S., “Primjena i tumačenje poreznog prava: teorijsko-normativne osnove”,
2020, University of Rijeka
Merriam-Webster Unabridged, 2016, unabridged.merriam-webster.com /dictionary/telos
Rizvanović, E.: Hasić,Ene, “Poslovno pravo“- meticulous notes – not cited