" Right " is understood to be the set of general rules that are issued to direct society in order to resolve any conflict of legal relevance that may arise; These rules are imposed on a mandatory basis and failure to comply can lead to a sanction. It is normative, since it is constituted by obligatory norms of citizen conduct. It is bilateral because it requires the interactivity of two or more people. It is coercive, because in case of non-compliance, force is applicable to obtain the execution of the prescribed conduct.
What is the right
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It is a set of principles that imposes norms and duties that regulate human behavior, and whose fundamental basis is justice and equality in a society. According to this, legal sciences help to resolve conflicts that arise around the coexistence between citizens. This is fundamentally based on social relationships, these determine its character and content.
It has a general character, since it applies to all people. It is evolutionary because it adapts to the development of social life.
The legal sciences, like other social institutions, participate in the solution of conflicts and difficulties that are related to the basic needs in the lives of human beings. An example is the sociability among men, how exposed they may be to the constant violations of their rights, such as the shortage of products necessary for their subsistence. These circumstances can lead to collaboration between citizens, but can also cause conflicts between them.
For all the above it can be said that a definition of legal sciences is to resolve and avoid conflicts between citizens, as well as to provide means that make social cooperation possible.
The introduction to this science is based on some basic principles, which, despite not being formally integrated into legal systems, serve as the basis for other normative statements or theoretically bring together the content of a group of them.
These principles are used by judges and legislators to interpret legal norms, the application of which is confusing.
Some general principles of this science are: equity, freedom, justice, innocence, equality, fraternity, legality, separation of functions, due process, among others.
Branches of law
From its branches derive the different theses or premises that speak of defense, protection, application and correct use of it.
The effective or positive law is formed by the laws, regulations, regulations and resolutions created by the State for the preservation of social order. These are rules whose compliance is mandatory for all citizens. They are laws that are analyzed, amended and promulgated by an assembly full of deputies who reach a consensus to evaluate the future laws to be promulgated.
The subjective right, on the other hand, is the ability of a subject to adopt or not, certain behavior. It is the right that the same person imposes in order to model their behavior.
The aforementioned postulates show the roots of legal sciences, but they also show its weakest characteristics, such as bilaterality, that is, a court is formed where a judge is presented who, according to his reasoning, makes value judgments determine any preventive in case of breach of any rule established under the dogma of effective law.
It is imperative since it imposes a duty of conduct (such as paying taxes) and attributive for the aforementioned with respect to the power to demand compliance with the imperative. Next, the branches that make up this science:
Administrative law
It deals with the correct welfare of the public sector and the different governmental entities, that is, that related to the administration of a nation.
Civil law
It is in charge of the norms on the correct manifestation of the relations between the individuals of a nation in relation to the State. This branch of law allows to create laws for the proper functioning of a society, as well as to govern the private ties that are established between people.
Civil law is the author of the civil code, this is a set of norms that regulate relations between natural and legal persons as well as between the private sector and the state.
The rules that are part of the definition of civil law are:
- The rights of people.
- The rights of obligations and contracts.
- The rights of things.
The rights of civil liability, such as:
- The right of a family
- Inheritance law
Economic law
Branch of legal sciences that is concerned with ensuring the correct functioning of the economy of a territory or country. The legal norms that establish this type of rights are to inspect, order, and correct the powers that administer public institutions and establish mergers and undertakings with the private area.
The main characteristic of this branch is to direct, according to the laws, the way in which economic activities should be managed in all their aspects, for this reason, it is:
- Humanist, because the most important thing is man.
- Dynamic, as it adapts to technological development and new economic, productive and service processes.
- Concrete, since its regulations are established only for the economic sector.
- National or international, since economic and commercial activities can be developed beyond the borders of a nation.
- Multidisciplinary, since it is related to other disciplines such as society, culture and politics among others.
Tax law
It comprises a series of regulations that guarantee the correct operation of the system for collecting payments and taxes to the State.
Commercial law
It is responsible for regulating everything in relation to commerce at all levels, that is, it is closely linked with merchants and the private branch. Its main function is to ensure that the development and operation of economic activities are correct, as is the case of consumer protection, this must establish the regulations for the intervention of public powers. Their characteristics are:
- It is individualistic: its transactions are concentrated only in the private sector.
- It is professional: this profession is specific between commercial and business professionals.
- It is gradual: it undergoes updates and changes according to the conditions of the business year.
- It is international or global: it regulates commercial transactions that take place between companies, outside nations.
International right
It refers to the laws or principles that dictate the relations between different countries. That is to say, it is in charge of regulating relations between nations, through common goods at a global level such as the environment and international waters. Its main objective is that between nations a relationship of harmony and collaboration reigns.
It is made up of a series of elements, legal norms, treaties and international conventions that establish how the behavior of countries and other international agents should be.
Some of the topics that this international branch deals with are:
- The crimes worldwide.
- Human rights.
- Refugees.
- Migrations.
- The nuclear disarmament and any other weapons that harms mankind.
- Nationality problems.
- The treatment of prisoners.
- Conduct during periods of war.
Labor law
It includes those laws that establish a series of behaviors in the work environment. This is characterized by being bilateral, since it regulates the relationship between the employer and the worker, just as it is dedicated to defending the rights of the working class, protects them and limits the powers of the employers.
The sources of this branch of work are:
- International treaties.
- Arbitration award.
- Employment contract.
- Collective agreement.
- Legislation formed by organic law, ordinary law, the Constitution and regulations.
- Custom.
- The jurisprudence.
- The doctrine.
Criminal law
They are laws and rules established by the State to be put into practice when committing a crime. The concept of the criminal branch is based on a series of legal provisions that is responsible for regulating the punitive authority of the state, determined with facts and punished by law through penalties, convictions and / or security regulations for committing crimes against of the security of individuals, the state or society.
Within this is the substantive criminal law, which is known as criminal laws or penal code, its rules are established by the State, where crimes and their penalties are established.
Procedural law
It encompasses the rules and statutes that govern a society to think and judge the crimes committed in terms of the natural and material right of a person.
Canon law
This guy who studies the regulation of the Catholic Church in the legal field. This branch is constituted by two factors: by divine factors, which are said to be legal consequences of the will of Christ and which is for this reason that it is called Divine Law. By human factors called ecclesiastical rights. Its highest authority is the Pope and the Episcopal College.
Constitutional right
This branch is in charge of controlling, analyzing and directing the fundamental laws established in the Constitution or Magna Carta of a State.
The main characteristics of the Constitutional branch are:
- It remains vigilant in compliance with the Constitution of each Nation and therefore protects the rule of law of citizens.
- It regulates the relations between the State and citizens, particularly when they are part of protests.
- Limits and controls the actions of the State, the Legislators and the Public Powers of a Nation.
Social law
Social law is that specialty of law that is based on a series of principles and norms that are intended to protect, ensure, integrate and guide the behavior and attitudes of individuals who make a living from their work and those who can be described as economically weak.
Food law
Food Law is the branch of Law in charge of the supervision and control of everything related to food, both human and animal, from the industry to the table. Food Law rigorously monitors the food manufacturing process in a very practical way, also binding the consumer, since it is he who gives the final verdict on the quality of the product.
This legal field considers among its responsibilities the creation of a system of laws which regulates the way in which food is prepared.
Environmental law
Environmental law is relevant today, not because it has not been mentioned in the past, but because its historical background shows that the protocols for protecting the land began to take shape when it was determined that pollution and other agents were causing damage to the ozone layer and the earth.
Agricultural law
Agrarian Law is the branch of legal science in charge of ensuring compliance with the laws that control agriculture. This is basically the one that takes care of and ensures the correct use and distribution of the planting of edible and inedible plants and herbs.
The Agrarian Law allows the farmer to develop his techniques for the best performance of his land, draws border lines between the spaces and defines the quantities and prices of the fruits and vegetables that are planted.
Military law
Military Law dictates the laws and legal provisions for the control, protection, proper use and evolution of the Armed Forces, military armies and members of the national guard, which are responsible for ensuring and safeguarding the security of citizens.
Sources of law
They are defined as all those facts or actions that originate the emergence of this science. These are classified according to their study in:
Historical sources
They are all those documents that include all the legal information in force in another era, which serve as support when creating a certain law or legal body. For example, the laws of the Indies or the declaration of the rights of man and the citizen of 1789, etc.
Real or material sources
They are all those social and natural phenomena that give rise to the legal norm and that define its content, these phenomena are. The political, moral, religious and legal ideas of the population, the natural resources, the geographical environment, the climate, etc. For example, when floods occur, a law is created that grants benefits to the affected areas.
Formal sources
They are all those facts that the state or society carry out for the creation of a law. This source contains: custom, doctrine, jurisprudence, international treaties, the general principles of this legal science and legislation.
The law
They are foundations established by the competent authorities to regulate the legal system of a Nation. In a broader way, the concept of law is based on all norms of a legal nature, state origin and in a written way.
Jurisprudence
They are the judgments that the Supreme Court repeatedly manifests in its judgments on a specific issue. These are sometimes issued in the trials established for their resolution.
The jurisprudence issued by this highest court, serves as a guide in the actions of the lower courts and judges who will be careful not to object to them, since if they were, they would fall into an infraction of the doctrine of said court.
Doctrine
It is the scientific study carried out by jurists on the law, seeking the interpretation of its rules and being able to criticize or modify them if necessary.
This source is essential in its creation, improvements and renewal, in the same way, in the training of new jurists and their ability to be legislators.
Habit
From a definition of a legal nature, it refers to custom as the popular uses or customs of a society, which adopt a legal nature. These customs will only be approved and taken into account as a defect of adaptable law, as long as it is under the regulations of morality, public order.
Customary law
It is a branch that establishes the sources of the legal sciences and the entire culture that has governed the legal sciences from its inception to the present. Common law is considered one of the most important sources of legal science because thanks to it, it became known how the first societies had the need to create rules of good conduct that, later, became laws.
If it is explained in a simpler way, this aspect of the law is based on making people understand that there are positive and negative things, acceptable behaviors and other intolerable ones.
In conclusion, it is implied that to live in harmony, society must comply with certain norms, otherwise, all the corresponding laws will be applied to be judged and finally sentenced as the case may be.
Over time and the creation of different laws, citizens accepted that there are restricted behaviors, that there are too many crimes, that the violation of human rights is criminalized and that they can be punished for that, so they adapted to a new way of life, a less savage and libertine and more civilized, all the way to the society we have today.
Science of law
This can be framed in the sciences of society, as an instrument of social organization. Law is a science that depends on the content that is given to the concept of legal sciences: as a human experience viewed in its entirety, or as the order of a particular State.
While it is possible to evaluate as a social science what has been achieved through the most successful legal systems in each historical moment, it seems difficult to estimate all current legal systems as scientific. However, the achievements of this science should not be sought in the literary formulations of the authors who expose or reflect on it, but in the manifestations of the legal systems, both in their normative aspect and in their application.
Characteristics of the law
It is the institutional and normative regulation that governs human behavior in a society, based on the foundations of security and justice. The main characteristics of this are:
Historical origin
In Mesopotamia, Palestine, Egypt, Phenicia and Greece they are among the first civilizations to create norms of conduct based on principles established by customs, but of a constitutive nature.
After great efforts, the Roman Empire was the first to create the necessary legal regulations to protect its borders and its inhabitants, current law contains numerous Roman considerations.
Rule of law
It has a meaning of equality of all individuals before the laws, without this characteristic it is not possible to develop the legal system, thanks to it the powerful are obliged to submit to its precepts. For this reason, it is mandatory for citizens to comply with the legal system, otherwise they will be sanctioned and at the same time, the presentation of their rights and freedoms is guaranteed.
Normativity
It is centered on the platform of culture and on the set of mandatory rules of conduct. For this reason, the meaning of legal sciences in the family of norms is of great importance.
Bilateralism
This particularity refers to the fact that the interaction between two or more people, totally subject to the law, is necessary, above any type of impulse or will.
Coercibility
It is the imposition of favoring what is the law and legal norms, before social coercibility.
Claim of inviolability
This is protected through this characteristic, of being susceptible to the violation of its norms, for this reason those who incur in this transgression are punished. This protection is extended even against the State.
General principles of law
It is about those behaviors or attitudes carried out by civilians and that are commonly accepted in many nations classified as civilized, for example, acting with good faith, justice, equity and wisdom. These principles are considered as general because they are applied throughout the world, in fact, there is a specific article in the statute of the international court of justice, in which the bonds of justice, equity and good faith are reflected, as well as the impartiality of judges in courts as principles of law.
Most international courts take these principles to be able to act as res judicata.
Codification of law
Here reference is made to the elaboration of codes that compile the rules, statutes and regulations that give information to citizens about what behaviors are accepted or not in society. All these compilations conform to jurisprudence, a common law system that represents the foundations of the legal sciences that are known today.
All this means that to decide the final result of a case, it is necessary to base itself on cases or situations that precede it, this means that each of the ordinances, laws and other decrees created prior to the judgment of thing must be fully interpreted judged.
Abuse of right
To talk about the abuse of rights, it is necessary to understand that each person has rights and obligations, just as public officials have the duty to protect and watch over citizens, but situations can also arise (more with security agencies) in the that the application of the legal norms or the methods to apply them get out of hand, they are not in good faith, nor in equity and even less in justice.
This type of abuse is known as maneuvering by people who, knowing fully what justice encompasses, acts in bad faith, taking advantage of the ignorance of the individual to generate damages.
Currently, there are too many ways to justify these abuses before a court, one of them is to focus on the malicious actions of the person who was the victim of the abuse (which is generally an antisocial), or to talk about the years of experience of the victimizer.
Public and private law
To begin with, the legal sciences of a public public nature is one that regulates the relations of private organizations with the public power, of course, agreements are needed, but for this there are laws that must be supported. The instances of public justice are clearly the capacity and responsibility of the state.
On the other hand, there is the legal science of a private nature, which refers to the relationships and agreements carried out between individuals, here there is no intervention of the state unless it acts as an individual and not as a public instance.
Current law
It is one that the State has as mandatory use or compliance for an indefinite period of time (or until different laws are created), in addition, it has legal action in a specific territory and contains special mechanisms to be executed at a specific time or situation.
A law can be in force for many years, until another comes out that replaces it, that has better mechanisms of action and that benefit the citizen more, just as there are others that have a period of time to act specifically.
These laws can be modified, annulled or canceled according to the legislative decisions of the country that created and regulated them.
The laws in force are linked to customary legal sciences, as well as they are in force according to different special situations that lead the legislative and executive power to put them into legal action, an example of this is the economic and health emergency, war situations, etc.
It must be taken into account that no law, regulation or decree lasts forever, it may have some modifications or simply be annulled, it all depends on the legal framework of the nation, the situation in which they are and the acceptance of the citizens before that new norm.
Objective right
It is a branch of legal sciences that encompasses the obligations of each person imposed by the State, here, the legislative power has a fundamental and important task: to develop laws and regulations that can regulate the attitude of people, since only this way you can live in peace, without conflict and in total harmony.
For this branch to be applied, it is necessary to agree with the subjective right . Why? because it is about the ability of people to comply with the standards imposed or proposed by the state.
The objectivity of legal sciences is based on the broad analysis of those basic moral principles that the community possesses, thus, it is possible to apply each of the ethical values of people, in fact, it is something important to take into account because it is thanks to the ethics that people realize the regulations they have to lead a good life in society. This objective part is mandatory in all countries of the world.
In order for the norms to be complied with by citizens, the state, in conjunction with the legislative power, implements in the legal system and other laws, some sanctions that, in the event that someone commits a fault or carries out a punishable act, will be applied With this, it is possible to punish those subjects who violate the law, it is guaranteed that the rest of the rules are fully complied with. It could be said that it is a coercive form of compliance, but it is functional.
Both the objective and the subjective part of the legal sciences are inculcated at an early age, they are linked to education so that little by little they become habits, simple ways of living in healthy coexistence and to be an active part of society.
It is also important to note that in this area, everyone has respected, accepted and evolved in compliance with the rules, of course, giving space and prominence to cultural focuses that must remain in force.
Adjective and substantive law
When speaking of the adjective branch of legal sciences, reference is made to the laws and regulations that have been created and imposed by a specific body that is part of the state, in this way, a free exercise of rights is guaranteed by part of citizens, as well as the fulfillment of each characteristic duty of a substantive nature.
This branch is composed of different aspects that regulate the creation and compliance procedure, all of these are explained in the civil and criminal codes of each country.
Now, on the other hand, there is the substantive part of the legal sciences, which is based on the massive compliance of the rules by citizens. In previous slopes it was explained that this is clearly linked to an objective part of the legal sciences and it is really true, without one, the other cannot exist and vice versa.
This branch is part of the duties of citizens and is stipulated both in the legal system, as well as in the civil, criminal code and other mandatory regulations of the people who live in a nation.
Other types of rights
But in addition to the branches of legal sciences, it is also important to highlight the existence of other types of rights that are part of people's lives and that, in addition, are stipulated in legal systems around the world, some are even part international laws (for example, human rights, which are the most important and which have constitutional supremacy). Within all these rights, the following will be fully explained:
Fundamental rights
It is about those rights that people have and that must be recognized and protected both legally and procedurally, in addition, they not only have legal action within a specific territory, but also at the international level, these are known as human rights.
The first appearance of these rights was in 1770, in a political movement in France that declared that the rights of man existed and that was later applied in 1789. But in addition to being known by that name, people call it the rights of the person, of man, of society.
It is important to mention that, just as they exist, they have specific characteristics, including imprescriptibility, which refers to the fact that they do not have a prescription, they are inalienable (they are not transferred from person to person), they are inalienable and universal.
Rights Of Use
It is about the ability that people have to enjoy the benefits that the state gives but in a limited way, for example, if a person has a house in default, reference is made to the right of habitation and like this example there are many more in different areas, branches or aspects of the legal sciences.
Political rights
They are those in which citizens are given the opportunity to express, exercise and participate in the democratic or political part of the country in which they are located, this is considered as democracy and one of the simplest ways to practice or carry it. out is through direct and secret elections.
In many nations, governments have political rights and add political mechanisms and tools for citizens to participate in events of a democratic nature, in this way, they not only guarantee participation, but also democracy in their nations.
Equality right
It is nothing more than a fundamental right that each individual belonging to a certain nation has, to be legally recognized by the state that governs it. In this regard, equality applies even when people have different religions, age, sex, sexual orientation or political mark, since all are equal before the law.
All this must be stipulated in the legal system of each country, in addition, measures must be created that can promote equality with different methods and public policies, so that its application is mandatory, since equality must be exercised and not discrimination of citizens.
People must be sure that their lifestyle will not be discriminated against by the rest of society, they must have the security of not being discriminated against or be victims of people's hatred solely because of their tastes, race, ethnicity, and even Because of their religion, that is why equality is part of human rights.
Community law
It is a law, regulation, decree or legal framework that regulates the relations between those nations that are part or that make up the European Union. This was issued so that jurisdictional entities could transfer their competence and ensure compliance with the laws that regulate coexistence between the member states of the European community.
Real right
This is the ability or faculty that individuals in a society have to possess the so-called right to property. This is very different from a personal right that comes naturally with the human being from birth. In these rights, people have authority over a thing or object and have the power to go against anyone who tries to take it away, this is what the Latin erga omnes refers to, to go against everything and everyone.
It should be noted that it differs from personal rights because not all people can be called stains of something, the fact must be previously verified.
Natural law
Basically it deals with the rights that people have from the moment they are born until they die, that is, to be born, grow up, feed, reproduce and die and, according to this, humans could develop from countries to different technologies that, with over time, they have left a legacy in nature and the preservation of the different species that exist today.
Of course, as a result of these rights, others are born like the ones mentioned throughout the post, this means that people have many privileges that allow them to live relatively well within a society, but each privilege carries a duty, a responsibility and an obligation to the state.
Internal law
Internal law is the set of laws that organizes internal legal relations that develop within the borders of the states as well as within the territorial limits. They allow to support each state that has its own internal law as well as it can be said that all states have their own legal law in which the legal order is the same that is not made up of legal norms, which includes all norms based on the custom or tradition of particular legal or institutional legal principles.
Praetorian law
Praetorian law or in Latin ius praetorium was the legal science created by the Roman magistrate through its precepts. This means that these edicts of private law were developed in ancient Rome by the praetors of that time. The Compendium notes that the praetors could confirm, complement or support the civil branch, that is, the fundamental Roman legal sciences based on statutory law.
Due to the inherent formalism, civil law was unable to adapt to the rapidly developing economic relations of a slave society, and thus, by the end of the republican era, Praetorian law had essentially become an independent judicial system.
Roman law
Roman law according to history and law books has several meanings, but the most common is to describe the group of principles of legal sciences that have directed Roman society in the different periods or stages of its existence, from its beginnings to the physical disappearance of the Emperor Justinian.
That is, they are those legal norms that governed the people of Rome from its foundation until the fall of its empire, we speak of between 753 BC and the middle of the 6th century AD norms that were transmitted and disseminated from generation to generation through traditions, several of which were selected in laws and historical works.
The Roman branch evolved from the customary legal sciences through the customs and uses of society throughout its times.
Digital rights
At present, technology has invaded the world practically in its entirety, which is why the need has arisen to create a set of statutes, in order to regulate the use of it, accompanied by these statutes the so-called digital rights have arisen., thus describing a group of authorizations, with which people are granted legitimacy to carry out different legal actions, related to the use of computers and electronic resources in general, digital rights are closely associated with different rights already created, such is the case of the right to privacy, to freedom of expression, among others.
