Right

We explain what law is, its sources, branches and other characteristics. Furthermore, the relationship between rights and duties.

What is the right?

Two different, although closely related, things are understood by law:

• On the one hand, the set of rules and principles with which a given society chooses to govern its life social, to try to achieve the ideals of justice, order and equity, and that the public Power is responsible for imposing through the monopoly of violence.
• And, on the other hand, the social science that is dedicated to the study, interpretation and organization of the previous set of norms and principles, in contact with other disciplines such as politics, economics, sociology, history and philosophy.

Thus, the very definition of what law is is an object of study of this same discipline, especially of some of its branches, such as the Theory of Law or the Philosophy of Law. This is because there is no precise and universal formulation of what exactly law is, since it depends directly on the idea we have of what is fair and what justice is.

The term “law” comes from the times of the Middle Ages and the Latin word directumwhich was used at that time with a moral or religious sense. It referred to that which did not deviate to one side or the other, that is, that which was considered “straight”, “fair” and in accordance with the norms of the moment.

Its use later was similar to that of the voice iusused in Ancient Rome to refer to law and legal matters. From the latter come terms such as justice (iustitia) or just (iustus).

That's why, The study of law is also the study of the idea of ​​justice of a society and its evolution over time. The emergence of this notion involves not only human rationality and the will to establish a common code with which to govern and guarantee social peace, but also components of a cultural nature, that is, moral, religious, etc.

See also: Law

Characteristics of the law

The law can be broadly characterized as follows:

• It comes from Antiquity. When the first forms of Law and State emerged. The current understanding of laws and the legal world owes much of its being to the laws of Ancient Rome (Roman Law), and to the profound philosophical changes that occurred in the West during the Renaissance, thanks to the influence of Humanism and later. of the Enlightenment.
• It is normative in nature. That is, it encompasses a set of norms, rules and guidelines valid within a given social reality and cultural framework. These are generally mandatory rules of conduct.
• are based on bilaterality. It requires the interaction of two or more people, in a reciprocal manner, given that the laws work heteronomously: society (from the outside) imposes the rules on the individuals with whom we must abide, regardless of whether we agree or not. agreement.
• The above leads to the enforceability of the right. That is, the rules of law are protected by force to be obeyed, and said force is granted to the State the monopoly of violence.
• Aspires to inviolability. In other words, it punishes those who violate the rules with sanctions, to prevent the habit of breaking them from ending up stripping them of their meaning.
• It operates as a system of rules. That are established in an orderly, convergent manner, avoiding juxtapositions and arbitrariness. It is a legal apparatus.

Sources of law

It is known as “sources” set of facts, decisions, laws and ordinances from which the content of the current law comes at a certain place and time. That is, they are the set of texts, traditions and norms that can be used to know the foundation of a society's justice model, and thus know what decisions to make.

The sources of law can generally be of three different types:

• Historical sources. That is, more or less ancient documents that make up the history of law and tell how dilemmas were resolved in the past, how laws were formed, etc.
• Material sources. Also called “real”, since they come from reality, they are the set of facts or events that motivate decision-making or the formulation of new laws, and that drive the law to constantly update and grow.
• Formal sources. That is, the sources that come from the actions of the State, society and/or the legal apparatus, as well as those put in writing in legal or legal documentation. This includes the following:
  • Custom (the customary) To the extent that things tend to be done as they have always been done. The law responds to its same cultural and social tradition.
  • The doctrine. Which are the set of reflections and provisions generated from the study of legal literature.
  • The jurisprudence. That is, the set of past decisions that judicial bodies have made, and that serve as a precedent to enable new decisions, so that the law is always applied more or less in the same way in the same situations.
  • The general principles of law. Which are the most basic and fundamental concepts of every legal act.
  • Legislation and the law. Which includes the content of the Magna Carta or National Constitution, as well as the decisions of the Legislative Branch, and the body of the current laws of a nation.
  • International treaties. Since every signatory country undertakes to keep its word towards third nations.

Branches of law

Law is a powerful discipline, which is divided into the following branches and sub-branches:

• Public law Which deals with the regulation and study of the relationships between the private sector (the individuals and private entities that comprise it) with the different bodies of public power (State), or even the latter among themselves. It is made up of the following sub-branches:
  • Political right. Dedicated to the study of forms of government, electoral methods, relations of command and obedience, and other forms of participation and political relationship.
  • Constitutional law. Busy in the study of the fundamental laws that make up every State, especially those that have to do with basic rights and with the very organization of public power.
  • Administrative law Focused on public administration, obviously. This means that it analyzes the regulation of the State and its organizations, as well as public services, and the financial management of the public sector.
  • Immigration law. Dedicated to the body of regulations that regulate the transit and settlement of people from abroad, as well as the emigration and repatriation of national people and goods.
  • Procedural law Dedicated to the review of the conflict resolution mechanisms established by the Law, that is, the so-called “process” and its actors: courts, organizations, etc.
  • Public international law Whose center of interest is the relationship between the different States of the world, as well as the leadership of multilateral international organizations, such as the UN.
  • Criminal law In charge of the punitive aspect of the State, that is, determining the punishment for crimes and the prevention of crime.
  • Tax law Also called “financial law”, it has to do with the collection, classification and implementation of taxes or taxes by the State.
• Private law Which deals with civil, commercial or any type of relations that concern private actors in a situation of equality, without the State being one of them. Its purpose is to guarantee justice in the treatment between private parties. It is also made up of various subbranches:
  • Civil law Responsible for regulating the legal relationships of the daily lives of individuals, such as family ties, marriages and divorces, parental rights, civil registration, property, inheritance, etc.
  • Commercial law Similarly in charge of ensuring the regulation of commercial or financial acts between private parties, such as sales, purchases, rentals, transfers, investments, etc.
  • Private international law The difference with respect to public international law is that its attention is focused on private activity (commercial, for example) that does not involve States as actors, but private parties, but which takes place between different countries or regions.
• Social law. Finally, it covers the set of regulations that ensure the defense of the weak within society, with a view to making it a fairer place, and sustaining coexistence and social peace between social classes. It covers the following sub-branches:
  • Labor law Also called Labor Law, it focuses on the regulation of labor relations, to guarantee that they occur in accordance with the law and the different conventions between the sectors involved.
  • Economic law. Whose interest focuses on the methods and measures in which the State can intervene in economic activity, to apply regulations, incentives or other types of mechanisms to promote consumption, and providing justice to the entire productive chain.
  • Agrarian law. Responsible for regulating problems that have to do with the ownership and exploitation of land, especially in agricultural and livestock fields.
  • Environmental law. O Ecological law, which ensures the defense of the environment and the flora and fauna of a nation, protecting it from the abuses and irresponsibility of human economic (or any other type) activity.

Importance of law

Law is fundamental in any form of organized society, because its laws contemplate the set of ordinances, rules and freedoms that frame social life. Without the law, the law of the strongest would prevail in society and it would be impossible to achieve some type of order that allows progress and provides a greater amount of common happiness, guaranteeing social peace, the minimum necessary condition to produce.

Furthermore, law is an important source of anthropological, sociological and humanistic reflections, which shed light on the way we think about justice and the way we think of ourselves as a community.

Rights and duties

In any legal framework, laws have two types of effects:

• The rights. That confer freedoms and protections.
• The duties. That require compliance with certain commitments and responsibilities.

Any law-abiding citizen is expected to exercise the former and comply with the latter, with the former being left to his free will, but the latter not, since the liberties of another surely depend on the fulfillment of our duties citizens.

References

• “Law” on Wikipedia.
• “Sources of law” in Wikipedia.
• “Law” in Legal Encyclopedia.
• “Concept of law” (video) in Educatina.
• “Introduction to the study of Law” (video) at UTEL University.
• “Law” in The Encyclopaedia Britannica.