We explain what a law is and what the purpose of these legal regulations is. Also, types of laws, their characteristics and real examples.
What is a law?
A law is a mandatory legal rule or norm issued by the competent authority of a territory. Its purpose is to allow or prohibit some action by individuals with the aim of regulating human behavior and achieving harmonious coexistence within a society.
They are coercive in nature, this means that if the laws are not complied with, the public force has the duty and obligation to sanction the corresponding person or institution. Therefore, many times individuals must submit to the laws despite not agreeing with them.
- See also: Law
Types of laws
First of all, the concept of law can be understood in two ways:
- natural law. Set of laws that emanate from nature and govern all spaces of creation, they are irrevocable, eternal and invariable. They were not created by man so they do not respond to the will of people. For example: the Law of Gravity.
- positive law. Set of rules established by the competent authority of a territory to guarantee order in a society, must be complied with by all citizens and cannot go against natural laws.
Positive laws are classified based on certain criteria:
According to the mode
- Permissive laws. They allow the subject to perform certain actions.
- Prohibitive laws. They sanction the subject who carries out certain behaviors.
According to the rank
- Organic laws. They regulate fundamental rights and public freedoms and require a majority in the legislative body to be approved.
- Ordinary laws. They regulate specific matters that do not affect the foundations of the organic laws, which is why they require a simple minority in the legislative body to be approved.
- Constitutional laws. They detail or expand on some constitutional provision.
According to the origin or meaning
- Formal laws. Rules formulated by the legislative power regardless of their content.
- Material laws. General and mandatory rules that emanate from other competent authorities.
Depending on the scope of application
- Federal laws. They are promulgated and are valid throughout the territory of a nation.
- Local laws. They are promulgated by the legislative body of a province or state and are valid only in that territory.
Characteristics of the laws
- Mandatory. They must be respected and complied with by all citizens who are in the territory in which these laws govern, even when they go against the will of the individual. Not knowing the law is no excuse for non-compliance.
- Impersonal. They are created to be applied to an indeterminate group of subjects and not to a single person.
- Abstract. They apply in all cases, which implies a number of cases that are not established or particularized.
- Permanent. They are formulated on an indefinite and permanent basis; they only cease to be valid when they are subrogated, repealed or repealed by subsequent laws.
- Irretroactive. They regulate events that develop after their sanction, so they do not govern conduct prior to their appearance.
- General. They are applicable to all individuals, without exceptions.
- Coercive. Failure to comply implies the imposition of a penalty or punishment.
What are laws for?
Laws are fundamental tools for maintain social order within a territory. They establish the attitudes that individuals are expected to have and prohibit those that go against the common good or the rights of citizens.
Laws are passed in order to protect rights and establish duties and obligations that guarantee the correct development of individuals and society.
All nations or states have their own laws, these are usually written and must be known by all members of the territory in which they govern. The laws promote equality among citizens because everyone must comply with the law equally and no exceptions or distinctions of any kind can be made.
Difference between law and norm
The concept of “law” and “norm” are related, since laws are considered a type of norm.
Norms are the provisions or rules that regulate the behavior of individuals to guarantee order and development within a society. There are social, moral, religious and also legal norms. Laws are a type of legal norm, as well as decrees, regulations and treaties.
What differentiates legal regulations from the rest is that they are mandatory and coercive, that is, all members of society are obliged to comply, otherwise they will be sanctioned.
- Norma
Examples of laws
Argentina
- Law 26,206 – National Education Law
- Law 27,533 – Law on comprehensive protection of women.
- Law 27,490 – Law for the creation of marine protected areas.
- Law 21,671 – Law prohibiting the cultivation, possession and commercialization of opium, marijuana and coca.
- Law 26,657 – National Mental Health Law.
- Law 26,165 – General Law of Recognition and Protection of Refugees.
- Law 25,577 – Law prohibiting the hunting of cetaceans throughout the national territory.
Mexico
- Sustainable rural development law.
- Law on general import and export taxes.
- Federal cinematography law.
- Federal law for the promotion of microindustry and artisanal activity.
- Federal law to prevent and eliminate discrimination.
- General law on the rights of children and adolescents.
- General law to prevent, punish and eradicate crimes related to human trafficking and for the protection and assistance to the victims of these crimes.
Chili
- Law 21,105 – Law that encourages the inclusion of people with disabilities in the world of work.
- Law 21,175 – Law on the promotion of the performing arts.
- Law 21,100 – Law that prohibits the delivery of commercial plastic bags throughout the national territory.
- Law 19,451 – Law that establishes regulations on organ transplantation and donation.
- Law 20,501 – Law that guarantees the quality and equity of education.
- Law 19,680 – Law that prohibits the use and sale of fireworks.
- Law 19,523 – Law that establishes standards for the protection, promotion and development of indigenous people and creates the national indigenous development corporation.
References
- “Law” in the Library of the National Congress of Chile.
- “Material law” in Pan-Hispanic Dictionary of Legal Spanish.
- “Current national laws” in the Argentine Ministry of Justice and Human Rights.
- “Different types of laws” in The Lawyer Portal.
- “Federal laws of Mexico” in the Chamber of Deputies.
- “Legislation of Chile” in the Library of the National Congress of Chile.