The principle of typicality (from the

Greek Greek may refer to: Greece Anything of, from, or related to Greece, a country in Southern Europe: *Greeks, an ethnic group. *Greek language, a branch of the Indo-European language family. **Proto-Greek language, the assumed last common ancestor ...

term ''typikos'' which means model) is a general

legal principle A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case. A doctrine comes about when a judge makes a ruling ...

that takes on different meanings in contexts.

Criminal law

criminal law Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ...

, the principle of typicality, also defined as the prohibition of analogy, indicates the fact that the criminal law applies only to real events that actually relate to the abstract case, without having recourse to the principle of analogy. The principle of typicality provides that for each crime the essential elements must be defined, which will make up the abstract case; and consequently the negative value necessary to identify, through the principle of proportionality, the appropriate penalty.

Commercial law

commercial law Commercial law, also known as mercantile law or trade law, is the body of law that applies to the rights, relations, and conduct of persons and business engaged in commerce, merchandising, trade, and sales. It is often considered to be a branc ...

, the principle of typicality indicates the fact that real rights are predetermined by the law in a certain number of figures, for this reason called typical, which cannot be further increased on the basis of the will of private individuals.

Administrative law

administrative law Administrative law is the division of law that governs the activities of government agency, executive branch agencies of Forms of government, government. Administrative law concerns executive branch rule making (executive branch rules are gener ...

, the principle of typicality indicates the fact that administrative acts are to be considered a numerus clausus (closed number) and precisely for this reason they are identified only with those provided for by law by the Italian administrative system.

References

{{Law History of law enforcement Legal doctrines and principles