Meaning and Concept of Normative System
A normative system is a structured set of norms or rules that prescribe how individuals ought to behave in a society. Unlike descriptive systems, which explain what people actually do, a normative system focuses on what should be done. Law is one of the most important normative systems, as it lays down standards of conduct enforced by the State. Other normative systems include morality, religion, customs, and social norms. These systems guide human behavior by setting obligations, duties, and rights, thereby maintaining order and harmony in society.
Law as a Normative System
Law functions as a formal and institutionalized normative system. Legal norms are created by recognized authorities and enforced through sanctions. In jurisprudence, Hans Kelsen emphasized the normative character of law through his Pure Theory of Law, where law is seen as a hierarchy of norms deriving validity from a Grundnorm (basic norm). In India, the Constitution acts as the supreme norm, from which all other laws derive their validity. This shows how law operates as an organized normative system based on authority and legitimacy.
Comparison with Other Normative Systems
While law, morality, and religion are all normative systems, they differ in enforcement and scope. Moral norms rely on conscience and social approval, religious norms depend on faith and divine authority, whereas legal norms are enforced by courts and the State. Customary norms gain force through long usage. Law often incorporates moral and social norms, but it remains distinct due to its formal enforcement mechanisms. This interaction among normative systems helps law remain relevant and responsive to social values.
Real-Time Illustration
A real-life example of a normative system is traffic law. Rules such as stopping at red lights and wearing helmets prescribe how people ought to behave on roads. These norms are legally enforced through penalties. Similarly, moral norms like honesty are enforced through social approval or disapproval, not legal sanctions. This illustrates how different normative systems regulate conduct in different ways.
Mnemonic for Easy Recall
A simple mnemonic to remember normative systems is “LMRC”.
L – Law
M – Morality
R – Religion
C – Custom
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