Understanding Law: Social Norms to International Treaties
The Social Nature of Humanity
Humans have an inherent tendency to associate and seek companionship. This interaction leads to the establishment of social norms, living standards, and legal frameworks within a society. Initially, human relations were rudimentary, exemplified by nomadic lifestyles. Over time, the need for settled communities arose, leading to sustainable societies, territorial divisions, and governance structures. As populations grew, complex rights and obligations necessitated an established order. Nation-states emerged, with legislative authorities creating laws to maintain peace and order, enforced by a judiciary.
Law is a social phenomenon intertwined with the social, political, and economic aspects of each community, regulated by a legal framework.
Coexistence, Peace, and Social Progress
Peace and social progress are contingent upon laws and a legal order. Every society is governed by a biological and moral social order. A hierarchy of laws governs all actions and legal relations within a community, regardless of the form of government.
Defining Law and Norms
Law
The set of legal norms forming a system within a society.
Norm
A directive prescribing specific conduct.
- Social Norms: Govern social interactions for respectful coexistence (e.g., courtesy rules).
- Moral Norms: Ethical conduct rules respected voluntarily based on personal beliefs and values.
- Legal Rules: Sanctioned by state authority (legislative power), with penalties for non-compliance. These rules impose rights and duties and are mandatory.
Legal rules consist of commands, prohibitions, and authorizations, with penalties for violations.
Natural Law vs. Positive Law
- Positive Law: Enforceable laws enacted by a competent authority, primarily in writing. It posits that humans create laws.
- Natural Law: Universal and immutable values discovered and implemented by humans, such as the right to life.
Types of Law
National Law
Domestic laws governing relationships within a country, including private law (equal footing before the law) and public law (subordination to the state, e.g., criminal penalties). The distinction is not absolute, as the state may act in private matters like marriage and family.
International Law
Legal rules governing relations between states and individuals in different states.
Hierarchy of Laws
The Constitution is the supreme law, outlining the legal organization and fundamental rights. Post-1994 reform, treaties on human rights (e.g., Pact of San Jose) hold equal standing. Treaties are agreements between states, negotiated by executives, approved by legislatures, and ratified by executives. Following treaties are national laws passed by Congress, then decrees and ordinances.