The norm from the linguistic point of

view

Semiotics – the general study of signs. It is divided into three branches:

1) semantics concerning realtions between signs and things they refer to or their meaning,

2) syntax concerning realtions between signs in complex formal structures,

3) pragmatics concerning relations between signs and the practice of using them.

Basic functions of utterance

Pragmatics deals with the functions of utterance, which are listed below:

1) descriptive2) expressive 3) suggestive4) performative

Utterance fulfilling descriptive function is a sentence in a logical sense.

It can be either true or false. It descreibes reality. Logical sentence does not amount to a

grammatical sentence!

Descriptive function

Is fulfilled when an utterance expresses feelings, emotions, opinions, evaluations etc.

Expressive utterances may include different evaluations. Some of them are fundamental (unrelativised), other are relativised – systemically or instrumentally.

Expressive function

have following structure:

„X has value V” (eg. „Theft is bad”)

Fundamental evaluations

have the model of

„X has value V in the value system S” (eg. „Theft is bad according to Christian value

system”)

Systemically relativised evaluations

have the structure of

„X has value V as means to goal G”(eg. „Theft is bad, because it can cause

remorse”)

Instrumentally relativised evaluations

is fulfilled by utterances aiming to affect someone’s conduct.

Those utterances are effectively or ineffectively affecting the addressee.

They may have the form of:- a suggestion (eg. „if I were you, I would buy

that car”)- a command (eg. „close the door”)- a request („May I ask for some water, please”). is fulfilled by utterances called directives.

Suggestive function

is fulfilled by utterances, called performatives, aiming to change social reality, to create something.

can be characterized by a situation when linguistic expression creates new reality, eg. whilst getting married or transferring ownership.

Performative function

is a psychophysical act (verbal utterance or nonverbal gesture) affecting reality (performative function) due to gaining new social meaning on condition that it is performed according to the fixed rules.

It has be performed intentionally by an aware subject.

The conventional act: may be of legal significance – if the rules that form the basis of it are legal rules defining a subject entitled to perform it, or may not have legal significance.

Conventional act

Taking one’s hat off or taking a bow as a way to greet someone (without legal significance).

Saying „yes, I do” while asked by a competent official during marriage (as to American wedding).

„I’d like fish and chips, please” in a restaurant.

Some examples of conventional acts

Directives as specific utterances, which fulfill suggestive function.

They indicate specified behavior in specified circumstances.

Directives include phrases as „it is forbidden to”, „it is advised to”, it is requested that”.

Kinds of directives

Its form has categorical character. Its an uncoditional command or prohibition of

certain behavior in specified circumstances. Its targeted at a specific entity. Its wording may have categorical or hypothetical

character. The former being „Each one with an atribute A,

who found themselves in the circumstances C ought to behave in the way W, and the letter in the form of „If one with atributes A found themselves in the circumstances C, they ought to behave in the way W”.

Kinds of directives: norm of conduct

It is an utterance of conditional character, having the form „If one wants to achieve state of affairs S they should behave in the awy W”.

Its applicability depends on one’s will to achieve the certain goal.

It is not categorical.

Kinds of directives: instrumental directive

They belong to instrumental directives. They stipulate certain context in which the

utterance must be made in order to be performative (effective in changing reality).

They origin from cultural conventions. They can be legal rules (eg. rules of

preparing last will).

Kinds of directives: rules of performing conventional act

They belong to norms of conduct. They stipulate the interpretation of certain

behavior, indicating the way that someone’s act must be understood.

They concern someone’s behavior from external poin of view.

Kinds of directives: rules of sense

Two other kinds of utterances which are related to directives (not being such by themselves) should be mentioned here:

- optative and- deontic sentence.

It is an emphasized form of evaluating utterance, whose function is somewhat between expressive ang suggestive one – it can be classified between norm of conduct and opinion.

It is an utterance without an addressee. It expresses a wish, a desire that something

would happen, without obliging any particular subject to do anything (eg. „may it rain today”).

Optative

Is a sentence (in a logical sense, not a directive) saying that certain behavior is ordered, prohibited, indifferent or allowed according to certain norm.

Eg. „tortures are forbidden according to the Constitution of the Republic of Poland”.

Deontic sentence

Legal norm is a specific type of rule of conduct, which is the fundamental element of the system of law.

Legal norms fulfill suggestive function of utterance.

They are not sentences in a logical sense, because they don’t have descriptive character.

They provide an answer for the question „What should be”, not „What is”.

Legal norm as an utterance

Legal norms organize and control public life through the will of the public authorities.

They are valid or invalid. They are valid if properly established by a

competent legislator according to legal regulations.

Legal norm is regarded as an utterance derived from the lawgiver.

Nowadays a legal norm is regarded an extra-textual element of the law.

It is not included in legal acts and is reconstructed from them by an interpetater od law instead.

A legal norm consists of three necessary substantive components:

- an addressee, - a scope of application,- a scope of regulation. An addressee and scope of application together

form the hypothesis of a norm, while scope of regulation is included in the disposition of a norm.

The structure of the legal norm

The subject to whom the norm is adressed, which can be:

- a physical person,- a legal person or- an organizational unit that lacks legal

personality (eg. private partnership).

An addressee

Scope of circumstances in which the norm is applied.

A scope of application

Scope of conducts that are ordered, prohibited or alowed by the norm.

A scope of regulation

In past in the polish legal science there prevailed a concept of a norm built of three structural elements: hypothesis, disposition and sanction (consequences of breaking a norm).

In modern legal theory there dominates the concept of only two elements forming a legal norm – sanction is treated as another legal norm. This is related to the concept of sanctioning and sanctioned norm.

Sanction as an element of the norm

Legal doctrine states that there are two norms – one of them is threatened with a sanction (sanctioned norm) and the other is imposing the sanction (sanctionig) in case of breaking the first one.

The concept of sanctionig and sanctioned norm

There are three types of sanctiones:1) penal sanction (punishment, eg.

inprisonment)2) executive sanction (enforced execution of a

duty – that hasn’t been previously fulfilled – required by a legal norm, eg. enforcing payment of the debt)

3) sanction of nullity (depravation of legal force, commonly used in private law, eg. a agreement that breaks the law does not cause legal effects).

Types of sanctiones