20 Examples of Permissive and Prohibitive Rules

When we talk about permissive and prohibitive rules In Law we refer to a specific classification of legal norms, according to which a distinction is made between those that prevent or deny the possibility of carrying out something (prohibitive) and those that, on the contrary, recognize or clarify a right established (permissive). For example: the right to information, traffic regulations.

This classification is established, as is evident, based on the nature of the mandate that the standards entail. A third possible category would be mandatory ruleswhich expressly order or command something or define the necessary requirements to carry it out.

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A Legal standard It is a legal ordinance issued by some authority to order human behavior in society, that is, to impose duties and confer rights, and non-compliance with which usually leads to sanctions of a legal or juridical nature.

To that extent, every legal norm is:

In general, everything legal system It is expressed through a set of legal provisions or norms. Their role is to ensure that the common order is not broken, nor are the rules of coexistence abandoned.

Examples of Permissive Rules

  1. The right to identity. The legal provisions that provide people with access to a legal identity, their own documentation and a name, for example, obey a legal regulation that establishes said right for everyone equally and without exception.
  2. The right to property. One of the rights most arduously defended by capitalist society and also most questioned by left-wing thought, is contemplated in the legal regulations that allow an individual to privately own the assets that he can buy or inherit through legal procedures and honored.
  3. The right to due process. No individual guilty of a crime of any nature will be deprived of the right to a legitimate defense and an adequate judicial process, in which his allegations are heard and his interests can be defended. The regulations that guarantee this form part of the so-called human rights and are, in theory, inalienable.
  4. The right to keep silence. This formula is very frequently invoked in police television series or detective movies, when the antagonist is finally apprehended. It is a common right to all detainees, in which they are allowed to take refuge in silence until they have the presence of a lawyer.
  5. The right to participate politically. Any citizen who meets the age and legal status requirements set forth in the electoral code of their nation may participate in political elections when so provided, since there are legal regulations that allow it and that protect their right to choose political representation. that best deems convenient for your interests.
  6. The right to education. The citizens of the countries of the world have the right to receive an education that guarantees their entry into society and that transmits the values ​​that it promotes. This is also part of the so-called human rights.
  7. The right to information. Citizens have the right to find out about what is happening in their country through the media they deem appropriate, regardless of their political leanings or personal interests, and without others deciding for them what they can or should know. This legal norm is of special interest when evaluating the performance of both the media and state regulatory entities.
  8. The right to fair compensation for your work. Another fundamental human right stipulates that everyone must receive the just salary for his efforts and services, that is, the fair retribution of his work, whatever it may be.
  9. The right to free transit. No one except the forces of public order, and having a just reason for it, can prevent another person from free movement through the territory of his nation. This legal norm is highlighted when it comes to the right to protest, for example, which often means closing streets and impeding motor vehicle traffic.
  10. The right to protest. There are legal norms that ensure the freedom of each person to protest peacefully, without this translating into harm to his person, his family or his tangible or intangible assets.
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Examples of prohibitive rules

  1. the prohibition of theft. The foundations of society as we understand it go through the understanding that goods are scarce and needs infinite, so each individual must earn their access to them: through work or capital. Hence, appropriating the property of others contravenes the very meaning of sharing work and common welfare and is expressly prohibited and legally penalized with jail.
  2. The ban on murder. Another of the fundamental prohibitions of life in society, the result of the monopoly of violence attributed to the State. No person should be able to end the life of another, except in cases of legitimate defense of her own. Violating this rule carries severe legal penalties, such as years in prison or, in some countries, death itself.
  3. The prohibition of polygamy. Although in some societies patriarchy became so entrenched that it led to the legalization of multiple marriages (a man can have several wives), in the West polygamy (being married to several people at the same time) is a crime punishable by law, since which is expressly prohibited.
  4. The protection of the minor. Since the legal separation of children and adults, more or less in the 20th century, the protection of infants is legally expressed in the prohibition of having romantic or erotic relationships with them, in the prohibition of child labor and another series of measures prohibitive of that nature.
  5. The ban on nudity. Except in intimate, medical or artistic spheres, in our societies nudity and impudent acts must be carried out outside the public space. It is forbidden to show yourself without clothes on the street, for example.
  6. Traffic regulations. The automotive traffic regulations of the countries contemplate the laws to comply with when in charge of a vehicle, which includes several prohibitions, such as driving in the opposite direction to that indicated, parking in unauthorized areas or driving without the appropriate permits.
  7. The ban on smoking. Very much in force at the end of the 20th century, the legal norms that prohibit smoking cigarettes and tobacco in public spaces such as airports or inside restaurants have spread to most Western countries, since this habit represents a detriment to the health not only of the smoker, but of the passers-by.
  8. The sanction of infidelity. Although it is a matter of a moral and not a legal nature, and no person will go to prison for having been unfaithful to their partner, there are legal regulations that consider infidelity as grounds for divorce, for which it is tacitly prohibited.
  9. The ban on scam. Seizing the money of others through deceitful or fraudulent mechanisms is also a crime punishable by law, since it contravenes the good faith that the law promotes in all types of commercial transactions.
  10. The ban on abortion. This is a highly controversial issue in Western societies, since various feminist and women’s rights groups demand permissive regulations to regulate the legal termination of a pregnancy, but the most conservative sectors of society defend prohibitive regulations, which establish sanctions even jail for women who engage in this practice.
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