The duality of law: an analysis of the interrelation between legal norms and social conduct

Authors

Abstract

This article explores the duality of law, analyzing the interrelation between legal norms and social behavior. Through a comprehensive analysis of literature, landmark judicial cases, expert interviews, and public surveys, it investigates how law influences society and is shaped by it. The study reveals significant patterns in different legal systems. Common Law shows greater flexibility, while Civil Law emphasizes codification but increasingly incorporates social considerations. Mixed systems stand out for their adaptability and integration of diverse traditions. Expert interviews underscore the importance of perceived legitimacy and civic education in the effectiveness of norms. A concerning disconnect between norms and social reality is identified, and the regulation of new technologies is highlighted as a critical challenge. Public surveys reveal a moderate perception of the effectiveness and legitimacy of the legal system, with significant variations across areas of law. Limited knowledge of norms is evident, but there is high interest in legal education. The findings confirm a bidirectional influence between norms and social behaviors, and emphasize the need for a holistic approach in the creation, interpretation, and application of law. It is concluded that the effectiveness and legitimacy of the legal system depend on its ability to evolve with social changes while maintaining its regulatory function.

Keywords:

Duality of law, Legal norm, Legal systems.

 

Published

2024-09-16

How to Cite

Robles Zambrano, G., Ros Álvarez, D., & Tamayo Hinojosa, R. D. (2024). The duality of law: an analysis of the interrelation between legal norms and social conduct. Universidad Y Sociedad, 16(5), 584–591. Retrieved from https://rus.ucf.edu.cu/index.php/rus/article/view/4658