The word right comes from the Latin term directum, what does it mean “What is according to the rule”. The law is inspired by postulates of justice and constitutes the normative and institutional order that regulates human behavior in society.
The basis of the law is the social relationships, which determine its content and character. In other words, the law is a set of rules that make it possible to resolve conflicts within a society.
Sources of law
When talking about law, it is essential that we establish what its sources are, that is, the ideas and foundations on which it is based in order to develop and establish its basic principles. In this sense, we have to underline that its cited sources can be determined, in a general way, in three main categories:
– The real, which are those that come to establish what is the content of a law in question.
– The historical ones, which are all those old documents that are used to refer to those that have the content of a law.
– The formal ones, which are defined as all those actions carried out by different entities (individuals, the State, agencies …) to proceed to create what the law is. Within this category we find, in turn, jurisprudence, international treaties, custom …
The State, creator of laws and norms
The effective right or positive It is formed by the laws, normative, regulations and resolutions created by the State for the preservation of social order. These are rules whose compliance is required for all citizens.
The subjective right, on the other hand, it is the faculty of a subject to carry out a certain behavior or not. It is about the power that man has, in accordance with a legal norm, to develop his own activity against another.
The law and its characteristics
The right is considered to have several characteristics. One of them is the bilaterality (an individual other than the affected person is empowered to demand compliance with a rule), which gives him the quality of attributive imperative to the right. It is imperative as it imposes a duty of conduct (such as paying taxes) and attributive for the aforementioned regarding the power to demand compliance with the imperative.
Other characteristics of the law are its heteronomy (He is autarkic; even if the subject does not agree with the content of the rule, he must respect it), otherness (legal norms always refer to the relationship of a subject with others) and coercibility (It allows the legitimate use of state force when a citizen does not comply with its demands).
In addition to all of the above, it must be determined that law is usually classified into three main branches:
Social Law. Under this denomination are included all those legal norms that have the clear objective of ensuring that citizens live in a society in coexistence. That is to say, it is about the norms that shape the legal system and that are in favor of that aforementioned society, which means that within this classification there is trade union law or labor law.
Private Law, is the one that determines the legal relationships between legal persons without any acting as state authority. An example of this is Civil Law.
Public Law. Regulates relations between public power bodies and private individuals or entities. Examples: Procedural Law, Criminal Law …