Understanding Law: Foundations and Human Rights
The Essence of Law
Law is a set of rules from the State, enforced by sanctions, preserving social order, preventing and resolving conflicts. Laws establish clear limits and often stem from social customs and legislative will.
Legal Rules Characteristics:
- Universal (apply to all)
- Imperative (command or prohibit)
- Inviolable (breach leads to penalty)
- Coercive (enforces conduct)
- Public (known to be valid)
- Retroactive (applied after approval)
Types of Law:
- Objective Law: Rules governing conduct in a territory.
- Subjective Law: Rights granted to citizens.
Legal Traditions
Natural Law
Basic rights arise from nature, inherent to being human, universal, and prior to society. Positive law should reflect natural law for justice.
Greek and Roman Natural Law
Justice is independent of human mind; societies should aim for this ideal.
Christian Natural Law
God’s eternal laws guide human laws; just laws reflect divine law.
Rationalist Natural Law
Natural law based on human reason, inspiring human rights declarations.
Legal Positivism
Rights are set by humans; law is cultural, arising from social needs and legislative will.
Legality and Legitimacy
Law is the legal framework. If unfair or promoting inequality, it’s not legitimate. Individuals are responsible for their actions, even under unjust laws, as seen in the Barbie case.
Human Rights
Inviolable rights inherent to human dignity, ideally implemented in the rule of law. Challenges exist in achieving global implementation.
Human Rights Characteristics:
- Intrinsic to human nature
- Universal
- Inalienable
Universal Declaration of Human Rights (1948)
Adopted by the UN, containing a preamble and 30 articles, though not binding.
Human Rights vs. Civil Rights
Freedom Rights:
- Life and physical integrity
- Religious freedom and beliefs
- Freedom of thought and opinion
- Freedom of movement and residence
- Free choice of profession
- Political rights
Equal Rights:
- Equality before the law
- Non-discrimination
- Equal voting rights
- Equal access to public office
- Economic and social rights
Procedural Rights:
- Guaranteed legal protection
- Judicial protection
- Due process
Institutional Guarantees:
- Marriage and family
- Property and inheritance rights