We explain what the branches of law are according to the classic division, the characteristics of each frog and its subdivisions.
What are the branches of law?
Law is the set of principles and norms that regulate human societies around the concepts of justice and order, and that States are capable of coercively imposing. But its study and analysis is also called that. In other words, Law is at the same time the legal order of societies and the discipline that studies them.
It comprises a set of categories or subdisciplines, specialized in the different criteria for applying the law, as well as in the formulation of its principles themselves. These categories are known as the branches of law.
The classification of the right is given based on three criteria which are:
- Due to its national or religious scope That is, to the cultural, political and historical tradition that engendered them. For example: Germanic law, Anglo-Saxon law, Roman law, etc.
- For the specific activity it regulates That is, depending on what specific reality the laws studied regulate. For example: military law, labor law, banking law, etc.
- Due to its technical field. That is, for the parts of the legal process that they regulate. For example: civil law, criminal law, administrative law, etc.
Broadly speaking, however, the classic division between the branches of law occurs following the parameters inherited from Roman jurisprudence, one of the most historically important. That is to say that Law is divided into three branches: public law, private law and social law each with its particular branches.
See also: Sources of law
Public law
It is dedicated to controlling the way in which citizens establish links with the State whether in a personal capacity or as private organizations, or to the organization of the Public Powers of the State, as long as they act legitimately and within the framework of what is established in the Constitution (or its equivalent).
This division of law contemplates the following branches:
- Political right It studies and regulates the exercise of politics, that is, command and subordination, the elements and types of State, forms of government, political philosophy and other aspects related to it.
- Constitutional law It is dedicated to the analysis of the fundamental rights enshrined in the Magna Carta or in the basic legal text of society, whatever it may be, and ensures the regulation of public powers, subjecting them to what is legal.
- Administrative law Dedicated to the study of public administration, that is, the regulation of the State, its public services and auxiliary bodies, which must operate to guarantee order, justice and security.
- Immigration law That which has to do with the international transit of individuals, their nationalization, immigration mechanisms and the right of entry, exit or permanence of citizens of other countries.
- Procedural law. Dedicated to the resolution of conflicts in an orderly, legal and valid manner, between individuals and the State, or between themselves, in accordance with the regulations of the State and what is contemplated in the laws regarding the judicial process and due guarantees.
- Public international law It is the one that deals with relations between States, within the international community and its bilateral cooperation, regulation and mediation organizations in conflicts between national and international communities.
- Fiscal or tax law One who studies the collection and tax mechanisms of the State.
- Criminal law. Linked to the exercise of justice as punishment for the guilty and compensation for the victims, according to the legal code that distinguishes between what is legal and what is not.
Private law
It is in charge of the regulation of legal relations between constituted individuals that is, subjects of law, in a condition of equals, and without the interests of the State intervening in it. It is divided into three different branches:
- Civil law It includes the set of rules that regulate the daily life of human beings, such as family relationships or the formation or dissolution of marital ties, parental authority, maternity, private property, civil registration, and the right to usufruct and possession of the different types of goods, individual obligations and types of contracts between people.
- Commercial law It deals exclusively with commercial, financial, mercantile or economic exploitation acts that occur in legal, fair and formal terms between subjects of law, whether natural or legal persons.
- Private international law It regulates the international operations of individuals, and regulates nationalities and possible conflicts between different legal frameworks.
Continue in: Private law
Social law
Understand and study the laws and regulations that ensure the harmonious coexistence of individuals within a society which is equal before the law, but disparate in terms of socioeconomic classes. To do this, it covers the following branches:
- Labor law. It is responsible for regulating the conditions under which work takes place, to guarantee that they are fair, equitable and respectful of the law, as well as the possibilities of union or union representation and other aspects that concern professional practice. It comprises three sub-branches: individual labor law, collective labor law and procedural labor law.
- Economic law It includes the rules that regulate the participation of the State in the economic activity of a society, to provide legal certainty to the participants in the productive chain in its different stages.
- Agrarian law It regulates land ownership, agricultural exploitation and various forms of non-urban property.
- Ecological law Deals with the set of rules for the defense of the environment and the ecological legacy of society, to prevent the indiscriminate and irresponsible use of natural resources or excessive pollution and severe ecological damage.
References
- “Annex: Branches of law” on Wikipedia.
- “Branches of law” at Roche Institute.
- “What are the branches of law?” (video) in Educatina.
- “The branches of law” (video) at EBC Academia.
- “Do you know the branches of law?” at Inter Continental University (UIC).
- “The branches of law” in La Guía 2000.