The law is "the set of rules that govern the conduct of man in society, social relations. " one or more fully, " the set of rules imposed on members of society for their reports Social escape the arbitrariness and violence of individuals, and are ethical dominant ". These abstract and binding rules indicate that "must be done," the "rights and duties" incumbent upon the citizens of a given society. These rules are arising from the existence of a source "superior" external, transcendent, as natural it or religious charter , or arise from intrinsic standards. In the latter case, the rules or practices come from recognized and accepted ( customary it ) or are issued and allocated by an official body responsible for regulating the organization and conduct of social relations.
The "strength "of law and respect for the greatest possible number involve:
The source of law is recognized and accepted as legitimate. That the statement of the it is known to all, which implies that is the subject of a large publication or some accessibility. This requirement is however subject to a legal fiction, reflected by the adage "No one is supposed to know it" that the application of it can be guaranteed by the existence of restraints under it and be organized by any procedure of arbitration agreed between the parties or by the State or by a body specialized in applying the principle of subsidiarity or jurisdiction specific. That is why, in societies claiming the separation of powers , it enforcement is a collaboration between the legislature defines it, the executive who oversees its execution - in collaboration with citizens - and judiciary receives duty to interpret and punish any violations or disputes arising from its application.
Etymology and philosophy
It belongs etymologically connected with the verbs lie and lay and means "something basic, something that is (fixed)" and goes back to a time when it regulated the basic social order. The word it in this sense is originally neuter plural ; into definite form teams . Because of the words plural form is genitive plural occurred "in legal force "for example. Word singular , fixed-form team , meant, among other data, basis. The word team does that then has appeared from this, although other similar uses, see It (disambiguation) . The word it is called in Latin lex , which is sometimes used in popular name for newly adopted its or older ones written in Latin.
This dualistic view of the legal system is shared with the old school , though rather inferring the validity of legal history. In contrast to these schools argue legal positivism to the positive it, i.e. what people in the western world usually refers to the "its", is the only source of it. They are of legal positivism government orders.
Laghypotes is something that is emerging from a hypothesis to a it, a hypothesis that is coated.
Law in the legal context may refer to a single regulation on the basis of a decision of the Legislature , such as the Heritage Conservation Act or the Holidays Act . It may also be it in a particular area of it or a statute book or legal code in force in any country or jurisdiction.
Since the middle age have different rules also established for how to change it in the parliament , parliaments , etc. After the Enlightenment, the people and the representatives of the people as legislators (the so-called popular sovereignty principle ) has been an increasingly important principle since the supreme religion with reduced power and freedom of religion began to be seen as a human right - to not only a single panacea view of the world would have all the rights, while others did not.
An important part of the team concept is an old it can only be abolished and changed by a new it enacted, the so-called formal lagkraftens principle . Thus, the idea of it should be fixed as long as not a new it enacted.
The concept of universal it which has sometimes been means it is generally valid for all (a it that contains more specific rules called special it ). Since the rules and obligations of the general it applied to all, was considered by history, increasingly that this was a matter that should be decided by a national assembly , an elected parliament . It also led later to the idea of universal suffrage.
In most modern states also enacted them of parliament or other legislative assemblies, the elected democrats. In earlier times, promulgated them often of kings and autocrats , sometimes jointly with the Parliament and both had then usually mutual veto.
Classification of Law
Legal: The law is legal "authoritative "as emanating from a subject generally validly entitled to do so (element that is also true, for example, for a dictator , which has a de facto legitimacy). It is legal " sanction ", providing for the production of consequences in the case of the realization of this case concrete (meaning also, and perhaps more frequently, to the contrary , in the event of failure to observe the precautions), according to a "precept-sanction ": if happens" A "( precept ), it produces "B" ( penalty ).
The experimental: The experimental it can instead be "receptive" when formulated on the basis of empirical data from which it receives an indication of expectation for future cases, which is based on verified uniform repeatability of expected events. The experimental it is "predictive", foreseeing the occurrence of future events conform to past events within the limits of validity of it itself. In different areas may be acceptable or not, the occurrence of exceptions, which can then simply remain classified as such, or to request a revision of the limits of applicability of it and eventually the formulation of a more general it that is able to include them.
Scientific: For scientific its, however, is frequently the case of theories those are derived from logical necessities or "aesthetic", and are only remotely derived from the observation of experimental data, and whose predictive capabilities extend well beyond the cases from which they were derived - just think of the general relativity.
Mathematical: The mathematical it is "absolute", and its only effect is to form the basis of further theorems. Violation of a mathematical it simply is not covered: the identification of a case in which it does not apply implies that it has not been shown correctly or that certain assumptions of its basis have not been identified and explained. The mathematical it is equally (if not to a greater extent) "authoritative", as derived in a non-refutable from the assumptions (e.g. Pythagoras it has absolute validity, albeit restricted to the Euclidean geometry).
Natural: Natural it is a normative order harmonic (or systematic) and interdependent relationships derived from it, to which all visible beings are bound by the mere fact of existing. In this we find the notions of order and harmony relationship. A natural it can also be defined as it that creates the nature of anything to protect themselves from threats to their peace of mind in their environment.
Positive: In it the source of the definition of it is due to Thomas Aquinas in his Summa Theologian to think of it as "The ordinance of reason directed to the common good and promulgated by that is responsible for the care of the community".
More modernly, is called the rule of it after senior Constitution emanating from who holds the legislative power .
Material and formal: In a material and formal: this material and formal diversification is particularized by observing what the content of it and what the origin of it Material is any general provisions and compulsory, issued by competent authority. Formal is any rule emanating from Congress constitutionally determined according to the mechanism. Strict legal and equitable rights also called rigid or flexible. In the first rule is restrictive and does not allow for assessment of the circumstances of the particular case or degree of effect. In the second, they are more or less indeterminate effects requirements or regulated case, leaving some room to appreciate the facts and give the proper configuration it to the case.
- For the system to which they belong: International, National, provincial, local.
- According to the mode of operation: Permissive: those provisions which authorize, allow an individual to perform certain behaviors. Prohibitive: those that vedan, refuse to subject the ability to perform certain acts or having certain behaviors. Declarative: those whose content contains definitions. "They are all entities capable of acquiring rights and obligations".
- Depending on how the individual will act: Imperatives are its that are imposed on the individual or collective will, not giving option for the subject. Extra are laws that govern only when people do not express their will in another sense. They are closely related to the principle of autonomy.
Basic: Basic law is the established principles that should govern the law of a country is often referred Constitution . The Constitution is the supreme it of the law , as it is above any it Organic Act when born as a result of a constitutional mandate for the regulation of a specific subject. Ordinary it , among which is included the budget it.
Delegated legislation: They are legal rules with force of it issued by the government on certain matters. They are not properly laws, but have all the effects of these, as they have value, range and force of it. Among them are the:
- Decree law
- Legislative Decree
Act as a legal concept
The generic concept of it can have two meanings:
Collaboration with different aspects of society
Typology of sources
The sources of legal rules are generally classified into four categories:
Sources except expressing and creating legitimacy breaking the example of protest movement, revolution, show of force, etc.
Institutional sources are those that make the concrete existence of the right, these are the three traditional powers that exist in the state: the legislative, judicial and executive. They are expected to give rise to the right material.
Documentary sources of national it emanate from all processes in which it is expressed. Thus it, regulations, customs, codes, publications in the Official Journals, etc.
Documentary sources of international it emanating from conventions international protocols, charters, international custom, it and international general principles of it recognized by most countries.
In countries with civil it tradition and the written it as France , the only formal sources of it in the broad sense, including the constitution , the it in the strict sense, subordinate texts (regulations ) as the decrees , the decrees , the circular and custom.
General principles of it made by the particular doctrine are only partially recognized as sources of it.
The source of it is a hierarchy of norms which sets up the standards in the legal system. European it has a role more important. Today law is above it, but lower organic laws are contained in the constitution.
Other humanities interested in law but with a not strictly legal approach.
The economic analysis of it seeks the rationale of legal institutions by using concepts borrowed from economics.
The sociology of it studied it as a social phenomenon.
The philosophy of it studies the foundations and the definition of legal concepts such as state law.
The history of it studied it in historical perspective with his stances and its evolution.
The legal anthropology study is legal phenomena with a cultural approach, social and symbolic.
The geography of it studied it in relation to the space in which it operates.
Typology of legal systems
Law is a constant social phenomenon, which creates or recreates the natural way when two people are together. The creation or development of rules, which are based either on moral or religious, is a phenomenon that is found in every society, considered developed or not. Each legal system develops legal rules, rights as responsibilities in different ways.
Most countries have a codified legal system, called "civil it ", the rules are changed, more or less regularly by governments.
Others use a system called "Common It ", which develops through the rule of the previous record.
A small number of countries continue to base their rules on religious texts.
But in every country there is a rich legal history , with philosophies differ, sometimes clash. It also raises economic issues , but also political issues , in order to change it through institution.
An actual law should be adopted and issued by a legitimate authority, an authority which is entitled to do so. A it issued by an illegitimate government that is not in accordance with the prevailing rules for entering and changing laws, for example by violence, revolution, etc., is an improper it.
A it is territorial, an area over which the authority exercises a law issuing authority, staff, for certain groups of persons acting under the authority of the authority issuing a fall.
Usually arranges a higher legal standard procedure under which a it is established. In a democratic state is a it created by cooperation of the legislative and executive power. New laws or amendments may be affected on a proposal from the legislature or the executive. Importantly, the proposed it continues to be approved by a majority that is required for this. By the legislative authority.
A it is only enforceable after it was published in a gazette purpose was appointed by the government. The principle every citizen is deemed to know it does not mean that all citizens would know what is in all its but it is the legal fiction that after regular promulgation of it anyone deemed them to have to take notice. Ignorance of the existence or content of it is never an excuse for breaking it and can in case of penal provisions therefore do not lead to impunity.
Unless it itself provides for a specific regime, it after publication immediate validity and remains in effect until either formally abolished, either material is replaced by another system. Its do not lose their legal force by prolonged lack of application.
Sometimes their conflicting standards include, for example, when one it forbids something that is offered by another it. Which standard should be? Now followed here are two ways a solution. In explicit derogation by a third statutory provision has determined which it takes precedence. Another possibility is to determine which it takes precedence according to their order of precedence: a higher it of a higher body is above that of a lower body (superiority rule ), a specific it to a general (rule of specialty ) and a younger it above an older. These are called the three conflict rules.
Another current author who rejects the notion of subjective right was formed and has been called "relativist". For this current, this notion, if it has no absolute legal interest, has a sociological interest : the individual sees in the standard interest from it, he claims rights, and rules of objective it are sometimes developed on the basis of individual need. The notion of subjective right has only patchy.
However, today, for a writer like Jean-Luc- Aubert, "these two meanings of the word right are not opposed. They are just two different ways of looking at the same phenomenon: the right. They are complementary. "It is only a matter of implementing the objective it.
The positive it is the set of its of a community, and their application by the court , the case . It is a scientific approach that "the right is due to it" [ref. needed] in the hierarchy of norms .This view allows the right to disregard any questions religious , sociological , ethnological or historical . It is the right lawyers, taught in universities today.
Areas of enforcement
It intervenes in the lives of each and every society, in every culture.
The bulk of social relationships can be analyzed legal obligations , either because of the exercise of consents (contract ) or under the implementation of the responsibility.
The bringing of damage can also be penalized, and the criminal or penal it can then punish such acts.
The social organization, state, administrative, is also built on the basis of rules of it. It may be the Constitution that is to say all the supreme rules that define the company and its organizational principles. The administrative it administrative bodies subjected to rule of it and allows both citizens to scrutinize administrative action by means of a court but also allows the government to have powers that mere private persons might have.
More distant, international law also helps to build bridges between different companies.