Concept of Legal Norm as a Problem of Essence

By Maria Helena Diniz

Introduction

In her book, "Concept of Legal Norm as a Problem of Essence", Maria Helena Diniz offers a comprehensive and thought-provoking exploration of the nature and essence of legal norms. Drawing on a wide range of philosophical and legal theories, Diniz argues that legal norms are not simply abstract rules or principles, but rather dynamic and evolving social constructs that shape and are shaped by the societies in which they operate.

The Nature of Legal Norms

Diniz begins by examining the various definitions of legal norms that have been proposed by legal scholars and philosophers. She argues that these definitions often fail to capture the full complexity and richness of legal norms, which are not simply static rules or commands, but rather living and breathing entities that are constantly evolving and adapting to the changing needs of society.

Diniz proposes an alternative definition of legal norms as "social rules that are created, applied, and enforced by a community in order to regulate behavior and maintain social order." This definition emphasizes the social nature of legal norms, as well as their role in shaping and regulating human behavior.

The Essence of Legal Norms

Diniz then turns to the question of the essence of legal norms. She argues that the essence of legal norms lies in their ability to create and maintain social order. Legal norms provide a framework for human behavior, and they help to ensure that individuals and groups act in a way that is consistent with the values and interests of the community as a whole.

Diniz also argues that legal norms are not simply external constraints on human behavior, but rather internalized values and beliefs that shape the way people think and act. Legal norms become part of our moral consciousness, and they help to guide our behavior even when there is no external enforcement mechanism present.

The Evolution of Legal Norms

Diniz concludes by discussing the evolution of legal norms. She argues that legal norms are not static and unchanging, but rather evolve and adapt over time in response to changing social conditions and values. This process of evolution is driven by a variety of factors, including social movements, technological change, and economic development.

Diniz's book is a major contribution to the study of legal norms. It offers a comprehensive and thought-provoking exploration of the nature, essence, and evolution of legal norms, and it provides a valuable resource for scholars, students, and practitioners of law.

Why You Should Read This Book

If you are interested in the nature and essence of legal norms, then this book is a must-read. Diniz's comprehensive and thought-provoking analysis of legal norms will challenge your thinking and give you a new perspective on the role of law in society.

This book is also essential reading for anyone who wants to understand the evolution of legal norms. Diniz's discussion of the factors that drive the evolution of legal norms is invaluable for understanding how the law changes over time.

Whether you are a scholar, student, or practitioner of law, this book is a valuable resource that will enrich your understanding of the nature, essence, and evolution of legal norms.