We explain what law is, where it originated and what its characteristics are. We also explain its sources and the branches into which it is divided.
The law allows the existence of an organized society.
What is the right?
The right is the set of rules and institutions that govern the conduct of members of a societyin accordance with the principles of justice, security and equality.
In addition, legal sciences are called lawthat is, to the study of the set of rules and provisions through which a society resolves its conflicts and guarantees social coexistence.
The norms and laws that constitute the right are promulgated by the State, which acts as guarantor of the social pact that allows organized coexistence. Furthermore, they are the result of agreement and consensus, and of the historical process of each nation.
Origin of law
Much of current law is based on ancient Roman laws.
The origin of law It dates back to the first agricultural civilizations and the first political orders.. In fact, each of the great ancient civilizations developed its respective normative code and its institutions of justice. Its constitutive principles were of a customary nature, that is, established by custom, if not by religion and superstitions.
One of the earliest known legal texts is the Code of Hammurabi, written around 1750 BC. C. in Ancient Mesopotamia. There were similar documents and provisions in Egypt, Greece and especially Ancient Rome. The Roman Empire was the first ancient State to dedicate great efforts to the construction of its own legal regulations, as a way to control its extensive borders and the diversity of its inhabitants. Much of our current law comes from the numerous considerations of Roman law..
However, The law as we know it today could only develop in the Modern Agewhen the national State was formally established. Guided by the philosophical precepts of humanism, law began to be established as an instrument and component of the State, and this is how the legal sciences were subsequently born.
What is the purpose of law?
The three purposes of law are justice, security and the common well-being.
Law is a fundamental tool for the construction of civilized societies, since it is a set of rules that govern all citizens equally, that is, they regulate the conduct of people who live together in the same State. In this sense, It has three essential purposesWhat are they:
- Provide justice. The law has the objective of giving everyone what they deserve, whether punishments, rewards or reparations.
- Guarantee the security. Law is responsible for preventing the strong from taking advantage of the weak.
- Promoting the common good. The law aims to guide society towards scenarios that are beneficial for all.
Characteristics of the law
The law functions as a system within the State.
In general terms, the right meets the following characteristics:
Normativity
The law is necessarily normative, that is, fulfills a mandatory role: to ensure that relations between individuals in society, or between them and the State, take place within a framework considered fair. For this reason, law is made up of norms, laws and mandates that regulate the conduct of individuals.
Bilaterality
The norms that constitute the law require the interaction of two or more individuals who submit to the law in equal measure, no matter how they feel about it. In that sense, it is bilateral: every act of justice always has two opposing sides.
Coercibility
Legal norms are distinguished from social or protocol norms in that their compliance is mandatory, and there are state institutions dedicated to ensuring that this is the case, through force or coercion. So, The State has tools to enforce compliance with the law through the monopoly of violence.
Heteronomy
Legal laws They must be born from an institution other than the recipientThis means that no one can make his own laws, but that these are imposed from outside, according to the conventions of society. Therefore, obedience to the law has nothing to do with the individual accepting it or agreeing with it; it is society that imposes this obedience on him.
Aspiration to inviolability
The rules of law can be violated, which constitutes a crime. But For the purposes of law, laws are considered inviolablethat is, mandatory compliance. For those cases in which the rule is not complied with or the prohibitions are violated, there are sanctions and punishments proportional to the violation committed.
Systematicity
The rules of law are not arranged haphazardly, but rather They are ordered and intertwined, to function as a legal system. For this to be possible, laws must have a rank and priority, that is, they must have a hierarchy, a specific scope and a mechanism to resolve their eventual conflicts with other branches of law. Laws cannot violate or contradict each other, and, if that happens, there must be an instance capable of resolving the problem.
Pursuit of justice above all
The essential objective of law is justicethat is, the fair and equitable resolution of conflicts and the protection of collective and individual interests. Therefore, laws can be created, repealed, modified or replaced by the relevant institutions always in order to improve their functioning.
Need for an interpretation
Laws and legal norms do not always establish in an obvious and literal way what must be done to provide justice. That’s why, An interpretation of the law is required that determines how the rule should be applied to the case being judged.These interpretations also provide support for future decisions, since the law must be applied equally under identical conditions.
Sources of law
The sources of law are the acts, documents and traditions that originate the laws.
Sources of law They are the set of previous legal acts, based on which legal norms are drawn up.Thus, for example, when making a decision or interpreting a legal norm, institutions not only take into account what is contemplated in the codes and in the Magna Carta, but also the set of sentences, decisions and previous cases that have set some kind of precedent.
Depending on their nature, the sources of law can be of three types:
- Historical sourcesThey are ancient documents, codes inherited from previous cultures and texts on the history of law.
- Real or material sources. They are the institutions and organizations that draft and debate laws, provided they are conventionally legitimized to do so.
- Formal sources. They are the previous executions of the State, jurisprudence, customs, tradition and the principles of law themselves, which serve as background for decisions and sentences.
Branches of law
Criminal law is the branch of law that deals with judging crimes and imposing punishments.
Traditionally, The law is made up of two main brancheseach of which is in turn provided with other internal divisions. These main branches are:
- public lawIt is the branch of law that deals with the interests of society in general and state affairs.
- private law. It is the branch of law that deals with the legal affairs of individuals.
From this first division, There are numerous legal disciplines, each dedicated to the study of a specific area of the legal life of the nation. These allow the law to further specialize its interests, depending on the matters it deals with, for example:
- Administrative law. It deals with the processes and functioning of the public sector.
- Civil law. It is responsible for the rights and duties of people.
- Constitutional right. Ensures that the decisions taken are in accordance with the fundamental principles of the National Constitution.
- Sports lawContains the rules and regulations relating to sports competitions.
- Economic law. It deals with matters related to the production and exchange of goods.
- Educational law. It is responsible for the operation of educational institutions.
- International right. It governs matters that take place between two or more nation states.
- Labor law. Regulates working and employment conditions.
- Military law. He is in charge of matters related to the military profession.
- Criminal law. It is responsible for judging crimes and imposing punishments.
- Procedural law. Regulates the judicial process and guarantees equality before justice.
- Registration right. Deals with public records and registrable rights.
- animal rights. It is responsible for regulating the treatment that humans give to animals.
Rule of law
The rule of law consists of the equality of all citizens before the law.This is a fundamental principle of every modern legal system, which guarantees that both the powerful and ordinary citizens must respond to institutions in the same way, that they have the same rights and duties, and that they are subject to the same demands.
In this sense, it is said that a country has a rule of law when its citizens are equal before the law. On the other hand, in dictatorships, totalitarianisms and despotic regimes, the law is not applied equally. There are those who benefit and those who are harmed by it, according to considerations that have nothing to do with the legal, but with the political.
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References
- Arcos Ramírez, F. (2020). Approach to the Theory of Law. University of Almeria.
- The Editors of the Encyclopaedia Britannica. (2024). Law. Encyclopedia Britannica. https://www.britannica.com/
- Flores Salgado, L. (2017). Introduction to the study of law. Patria Publishing Group.
- Ruthers, B. (2018). General theory of law. Concept, validity and application of law. Themis.