1. The Legal Rule

Question 1

General

Answer 1

the legal rule applies to an indefinite number of subjects

Question 2

Abstract

Answer 2

the legal rule applies to an indefinite number of situations

Question 3

Formal

Answer 3

the legal rule must respect some requisites of form (“nomen iuris” included) and must follow the prescribed procedure of its adoption and of its transparency as defined in another legal rule of an higher value

Question 4

Positive

Answer 4

the legal rule is the expression of a given “political” (“polis”) decision, taken by specific bodies or institutions, for the satisfaction of the general interests of a community (“polis”), in a given historical moment (≠ “natural law”: a rule pretended to be intrinsic to human nature and therefore universal and perpetual)

Question 5

Legitimate

Answer 5

the legal rule must be adopted by the competent authority and consistent with the limits as set in its legal source of legitimation of an higher value

Question 6

Forcible - Effective

Answer 6

the formal capacity of the legal rule to product its legal effects (and therefore to be spontaneously obeyed by the subjects) | the practical capability of the same legal rule to be legally enforced (if the subjects does not spontaneously obey)

Question 7

Prescriptive

Answer 7

the legal rule prescribes to do or not do to a human behavior, reconnecting consequences for failure (≠ “scientific rule”: descriptive)