General Legal Science and Concepts
The Systematic or Dogmatic Legal Science
Science or Legal Sciences
As a science of law, it is primarily concerned with the normative dimension of law and the problems related to its structure. The non-exclusive concerns about the legal aspect of the legal system make legal science have as its central work area existing law. Its study, interpretation, and application, as well as a description and explanation of the system made by a particular legal system.
Origin and Importance of State
The rule of law dictates that authorities are governed by and subject to a law in force, known as a formal rule of law.
Origin of the Right
It is the historical and legal discipline that analyzes the set of facts and historical processes related to all legal rules and social uses that had legal implications.
Sources of Law
Formal sources of law are the acts or past events from which the creation, modification, or termination of legal rules derives.
Where is Justice?
Historical sources are repealed laws that regulated various past events, which the legislature now uses as a reference for issuing new laws. These laws can be from ancient or recent times.
Historical Sources
Historical sources are the raw material of history. They include all documents, testimony, or objects that convey meaningful information regarding past events. Within them, written sources are the basic support for building history.
Source Materials or Real
These are the documents (inscriptions, papyri, books, etc.) that contain the text of a law or set of laws.
Formal Sources
These are the processes of creation of legal norms. To obtain the right from these sources, it is necessary to follow a series of acts that will result in a particular legal rule.
Legislation
The process by which one or more state organs create general rules of law enforcement, which are given the name of laws.
Custom
The repetition of behavior accepted by society to enjoy legal enforceability.
Jurisprudence
The interpretation of the law made by federal courts for some time, with uninterrupted views in the same direction and approved by a majority of ministers or judges.
These three are the main formal sources, but two more can be considered, though they are not legally binding, at least in Mexican law.
Doctrine
It is the opinion of one or more authors in any field of law, which takes place to interpret, understand, and correctly apply the law. Under Mexican law, it has great usefulness but no binding force. However, these doctrinal concepts can be transformed into a formal source of law under a legislative provision.
General Principles of Law
The criteria and fundamental ideas of a given legal system, presented in the form of an aphorism (a concise statement agreed upon by a forum that aims to express the truth), which supports the judge in resolving disputes not addressed in legislation.
Concepts of Law
The law is the set of rules that impose duties and confer powers, establishing the basis for social coexistence. It aims to equip all members of society with the minimum of security, certainty, equality, freedom, and justice.
Positive Law (Ius Positivus)
The set of general rules created in advance by the government to achieve a more favorable common good (Dabin).
Objective Law
The law and social regulation system of subjects related to this ordinance. Examples: LOPNA Civil Code, Code of Commerce.
Subjective Right
The power, pretension, faculty, or authorization that conforms to the legal norm. It is a subject compared to other subjects. Example: The rights of the lessee.
Natural Law
The set of teleological laws emanating from the nature of man, animals, and things. Teleological laws are violated when they violate human rights.
Moral Law
Norms are the set of explicit or implicit values contained in the rules that form a compelling value system for the community or prevent compliance.
Purpose of Law
Justice
The perpetual will to give everyone their due.
Proportionality
- The idea: that there is an equilibrium to distribute things
- Idea of equality: If a case “A” is treated in a certain way, so must cases A1, A2
- Idea of shark finning
Legal Standard
The legal rule is a rule of human behavior or management issued by the competent authority, with a criterion of value, and the breach of which brings a penalty.
Natural Law
Marcus Tullius Cicero, Roman statesman and orator, in his book The Republic, writes on Natural Law: “There is indeed a true law, in accordance with nature, known to all, constant and eternal… This law is not lawful to add anything or waive, or eliminate altogether. We cannot dissolve it through the Senate or the people. Nor should we find another commentator or interpreter of it. There is no law in Rome and one in Athens, one now and once in the future, but one law, eternal and immutable, subject to all mankind throughout time…”
Saint Paul recognizes the existence of natural law when he describes the moral responsibilities of those who had the benefit of knowing the Mosaic law (revealed law).
Norm
It is the first element of the definition of the concept of law, which lays down rules of conduct or behaviors, such as prescribing how behavior should be. The rules, in a broader sense, must therefore have unavoidable non-compliance (spoken in the world should be). In the strict sense, it is a principle of action whose observation is a must for those to whom it is addressed.
Social Standard
Regulations or rules made by society targeting a specific group of people. Although their penalty is external, it cannot be physical. These rules determine how people should behave in society, in a specific place and time.
Class Rules
All rules governing behavior. They tell us what is possible or necessary to do, or not do, under certain circumstances. These rules are necessary to achieve harmonious social coexistence.
There are different rules depending on their source (who created them) and the consequences they entail.
Custom or Usage (Social Norms)
They have arisen spontaneously from the repeated practice of certain behaviors, based on mutual respect, which have raised awareness of compulsion. Examples: greeting, eating with utensils, washing, not interrupting conversation, and so on. They vary over time and in different cultures. They are heteronomous, set from outside the individual who must comply (by the society to which they belong). Failure to comply will result in repudiation or social satire. Chances are, if you never greet your neighbors, they will not speak well of you.
Legal Rules
Those that make up the legal system of a state, dictated by specific organs of the same, and also applied by institutions, usually composed of judges. For these rules, which must necessarily be in writing, if the individual does not comply, they have provided a penalty or punishment. All these rules make the law. For example, if you steal, you will receive a certain number of years in prison, or if you do not respect traffic rules, you will be punished by a fine. The most important legal norm of a democratic state is the Constitution. If the rest of the laws do not respect it, they may be declared unconstitutional.
Positive Law
In law, the source of the definition of the law is due to Thomas Aquinas in his Summa Theologica, who defined it as “The ordinance of reason led to the common good dictated by which is responsible for community care and solemnly promulgated”.
More recently, it is called the rule of law after the Constitution, emanating from the power holder while the legislature is not passed. It is a bill.
Hierarchy of Legal Norms
Case Law or Legal Doctrine
Historical Background
You could say that the legal doctrine, also called case law in the classic sense, finds a remote school in the history of glosses and one next to the historical school. From the commentators and their activities that separate the work of staff from practice, outlining the study of jurisprudence to reach the current state of consolidation as legal doctrine. It is also worth noting some parallels between it and the French school of exegesis, since for the latter, the right has to be identified with the law, understood as the set of positive rules, despite being listed as a species within the rules. For its part, the historical school in the mid-nineteenth century, leading to a conceptual formalism, the jurisprudence of concepts that pays more attention to legal norms inscribed in the law that addressed the social structures of the same. It extends the idea that a legal rule or statement is valid if it is compatible, at a logic level, with the rest of the system.
Descriptive (Cognitive)
As for the description of positive law in a specific time and space on the marking of situational reality.
Prescriptive
As legal doctrine not only provides criteria for interpreting the law but also to modify the law, which involves some changes to it.
Development of a Conceptual System
As jurist activity towards the realization of the functions of interpreting, applying, and changing the law in force. It becomes the systematization of law precisely carried out by lawyers as the last task of the same, to speak just a real lawyer or scientist of law.
It is worthwhile to note that the three functions will be performed by the legal doctrine in the context of a discipline policy and valuation.
The Legal Dogmatic as Science
As a first-order task not to confuse the jurisprudence emanating from the courts with the case law relating to the activities of lawyers in terms of carrying out tasks of a scientific discipline, the legal doctrine currently receives part of a dominant doctrine backing or support needed to be reputed as a science in the sense of function in the path of scientific knowledge of the law, speaking on current epistemological language, is already a level of legal science or legal science and identifies the same reduced all with the legal doctrine.
The Legal and Political Dogma
Faced with the discussion of scientific or technical legal doctrine, the problem of the political variable, the manner of a spear directed against a Byzantine discussion of the fund separates us focus our attention to matters of form.
The legal doctrine can be understood as “knowing that tries to describe the legal standards – positive.” The main function attributed to this knowledge consists of explaining the content of legal norms. This entails clarifying its meaning, to discover what the existing law is, to resolve the contradictions that can eventually incur the rules comprising the legal system. This function can be thought of as an activity of a technical nature, that the lawyer should use only legal method, without being influenced by their preferences and their political views.
Public Law
It governs relations between individuals and private entities with bodies that wield public power when the latter act in the exercise of legitimate public powers (judicial, administrative, depending on the nature of the organ that exercises them) and following the procedure stipulated by law, and public administration bodies together.
Private Law
It deals mainly with relations between individuals. Also governed by private law are relations between individuals and the State when it acts as an individual, without exercising any public authority (that is, for example, the case of companies having legal personality established according to the rules of commercial law, and which the state or its agencies bear autonomous decision-making power).
Private law is often contrasted with public law, which regulates relations between citizens and public authorities and public authorities with each other.
Social Rights
Social rights guarantee universally, that is, to all citizens by virtue of being, not merely as charity care policy or access to the means necessary to have decent living conditions.
Would be equivalent to so-called second-generation human rights (economic, social and cultural), own the Rule of Law, who appears in history, such as overcoming the rule of law in the Republic of Weimaraunque Constituciónde have earlier precedents.
Criminal Law
The set of legal rules governing the state punitive jurisdiction, involving facts, strictly defined by law, such as budget, a penalty or security measure following correction, to ensure the basic values upon which rests peaceful human coexistence (Enrique Cury).
Prison Law
It deals with the enforcement of penalties and custodial or rights. It emerged as an autonomous legal discipline in the early twentieth century.
At the same time, as science describes penitentiary legal doctrine devoted to issues relating to the execution of sentence of imprisonment and of all those alternative sanctions that the different laws impose “punitive legal consequence for the commission of an act constituting felony or misdemeanor.
Constitutional Law
It is a branch of public law whose field of study includes the analysis of the fundamental laws that define a State. In this way, everything is studied on the form of state government as fundamental rights and regulation of the powers public including both government relations as between and citizens.
Procedural Law
It regulates the organization and powers of the courts and the performance of the various persons involved in judicial proceedings. Procedural law is the law of formalities to be fulfilled before the courts of justice; a contrario, the rest of the right relates to the merits of the conflict led to the debate.
Civil Law
It is a set of legal rules and principles governing relationships between private persons or property or public, physical as well as legal, private and public, or even among the latter, provided they act devoid of imperium. It can be defined too broadly, as the set of legal principles and rules governing general relationships and everyday life of people, considering individuals as such, as subjects of law, or that which governs man as such, regardless of their peculiar activities, which regulates their relationships with peers and with the State when it acts in its capacity as a simple person, and while those relationships aimed at meeting human needs generic.
Labor Law
Labour law (also called labor law or social law) is a branch of law whose principles and legal norms are aimed at the protection of human labor, productive, free and paid employment. The labor law or labor law is the set of legal principles and rules governing the relationship between employer(s), trade associations and the state. The labor law is responsible for regulating human activity, lawful. Provided by an employee as an employee to an employer in exchange for a fee.
The Tax Law or Tax Law
It is a branch of public law that studies the legal standards by which the state exercises its power of taxation to obtain income from individuals that serve to cover public spending for the sake of achieving the common good.
Administrative Law
Can be defined as the set of legal rules governing the organization, functioning, and powers of public administration in its relations with individuals and with other government (embodied in a variety of organs).
Environmental Law
Environmental law is a set of rules that address issues related to conservation and environmental protection and pollution control.
Currently at issue is whether environmental law is an autonomous branch of law or has an overall theme to the traditional branches of law.
Right Stuff
The law of property or property law is one of the key areas of civil law. It aims, first, to establish or relocate the assets to the assets of each individual and, secondly, to determine the powers and authority vested in the subject has on them (which falls on things are called rights).
Family Law
The set of legal rules and institutions governing the personal and property relations of family members among themselves and with third parties. Such relationships arise from marriage kinship.
Business Law
The set of principles and standards of various organizations, a substantial public law, which entered into a public economic order enshrined in the charter empowers the State to plan indicative or mandatory economic and social development of a country and regular human cooperation in the work of creation, distribution, exchange and consumption of wealth generated by the economic system.
Computer Law
Has been analyzed from various perspectives. On the one hand, Computer Law defines as a set of principles and rules governing the legal consequences arising from the interplay between law and information technology. On the other hand, there are definitions which state that it is a specialized branch of law in the field of information technology, its applications, and legal implications.
Union Law
It is the branch of labor law or labor law that regulates the formation and activity of trade unions and business organizations, as well as exercising the right to strike. However, the Trade Union Law is an autonomous branch because its rules on union organizing fall within the labor law and within the Collective Labour Law.