12 julio, 2024

Acceptances of the right: what are they and their characteristics

What are the meanings of the law?

The main meanings of law They are the objective, subjective, substantive, adjective, positive, natural, current, public and private law. The law is a set of rules that allow resolving conflicts that arise in society.

The meaning comes from the Latin directum, which means «what is according to the rule».

Law constitutes the normative and institutional order and is based on postulates of justice. The basis of law is social relations, which determine its character and content.

As a formal definition, law is the set of legal norms created by a State to regulate the external conduct of human beings. And in the event that any of its parts are breached, a judicial sanction will be provided as punishment

Meanings of the word right

objective law

The objective law includes the rules or provisions that each sovereign nation promulgates through the legislative power, whose breaches They will be sanctioned by the judiciary.

The objective law can also be considered as the set of norms of a people where the legal machinery that is made up of norms gives individuals rights and imposes certain obligations on them.

The norms can be from a simple one, applied to a concrete cause, to a whole normative body.

For example, the Civil Code and the Constitution are part of the objective law of Latin American countries and Spain.

Subjective right

This type of right is one that an individual has to claim compliance with a legal norm that favors and protects him.

In this case, the rights and obligations of the individual are related to the party with whom they are in contact and these rights are translated into obligations and powers.

The subjective right is based on the objective, since both concepts are reciprocally interrelated. There is no right that does not grant powers, nor a subjective right that is not subject to a rule.

adjective right

Adjective law is the norms and principles that regulate legal relations, including in turn the procedural and prosecution laws, and putting judicial activity into practice.

Within this type of right are contained the norms that regulate the State apparatuses. That is, the rules that apply procedural law.

Adjective norms are contained in procedural codes such as the Civil Procedure Code, the Criminal Procedure Code, the Federal Labor Law, etc.

substantive law

This law establishes the rights and obligations of individuals. The actions of individuals are defined as the essence of legal norms.

They are regulated in the Civil Code and the Penal Code.

positive law

They are the norms in which its application is situated in a certain time and place. The validity is purely formal, since the State is the one that regulates the legal rules, the jurisprudence or the legislative rules that it itself sanctions.

natural law

Known as natural law, it is a philosophical current of law. This current is based on the fact that many of the conventional norms of law and morality are universal and immutable principles innate to the individual and that this constitutes natural law.

Natural law is valid in itself, since it attends to its formal value without taking justice or injustice in its content.

The origin of natural law is given by nature or reason, although in ancient times it was also believed that it was granted by God.

current law

Similar to positive law, current law constitutes the rules that are attributed to a country at a given time, dwhere there is a power of the authority to declare them as mandatory according to that period of validity.

The norms enter into force the first day they are published and are modified through derogations. Repeals occur when the law partially loses its validity. And the abrogations when the laws acquire their validity.

Public Law

Public law is made up of public issues that involve the rules that regulate the exercise of state authority and propose a procedure for acts to be carried out through state authority.

Private right

It is that right that is assigned to individuals where people are legally considered in a situation of equality.

Public and private interest make it impossible to determine where one begins and another begins.

References

GARCÍA MÁYNEZ, E. (1990). Introduction to the study of law. Editorial Porrúa, Mexico City.
SICHES, L. (1977). Introduction to the study of law. Editorial Porrua.
(1980). Philosophy of law. Fund of Economic Culture.

Deja una respuesta

Tu dirección de correo electrónico no será publicada. Los campos obligatorios están marcados con *