Understanding Legal Rules and Their Classifications
1. What is Law?
Law is a set of legal rules governing individuals in society, imposing obligations and granting rights.
2. Rules of Law
These rules govern individual conduct and human behavior.
3. Moral Standards
Moral standards impose unilateral obligations, not rights. Their features include:
- Unilateral
- Autonomous
- Internal
- Incoercive
4. Legal Rules
Legal rules regulate behavior towards others, organizing social life, preventing issues, and providing solutions. Their characteristics are:
- Bilateral
- External
- Coercible
- Heteronomous
5. Religious Rules
Religious rules are considered by a superior deity, outlining duties to God, oneself, and others. Their characteristics include:
- Heteronomous
- Internal
- Unilateral
- Irresistible
6. Social Norms
Social norms aim to improve societal life and avoid disruptive situations. Violations result in disapproval or censure. Their characteristics are:
- Heteronomous
- External
- Unilateral
- Uncontrollable
7. Sources of Law
Sources of law are the procedures, realities, or documents from which law originates.
8. Major Sources of Law
The three major sources of law are formal, real (or historical), and material sources.
9. Formal Sources of Law
Formal sources are the processes that create legal norms, giving them the character of law. These include law, custom, jurisdiction, doctrine, international treaties, and general principles of law.
10. Real/Material Sources of Law
Real or material sources are social phenomena that transform society and its interrelations, creating the need for new laws.
11. Historical Sources of Law
Historical sources comprise past documents containing the history of a specific law or the entire Mexican legal system.
12. Branches of Law
The two major branches of law are public law and private law.
13. Public Law
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14. Subdivisions of Public Law
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15. Private Law
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16. Subdivisions of Private Law
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17. Social Law
Social law develops principles and procedures for individuals.
18. Definition of Law
Law is a set of compulsory rules issued, promulgated, and enforced by public authority, regulating conditions for implementation, even without individual consent.
19. Characteristics of Law
Law is typically compulsory, permanent, and abstract.
20. Legislative Process
The steps in the legislative process are:
- Initiative or bill
- Discussion
- Approval
- Sanction
- Promulgation
- Publication
- Initiation of force
- Vacatio legis
21. Legal Systems in Mexico
Mexico has two systems for a law to come into force: the future system and the synchronous system.
22. Future System
Under this system, a law takes effect three days after its publication in the official gazette.
23. Synchronous System
Under this system, a law takes effect on the stipulated date, even if published earlier.
24. Vacatio Legis
Vacatio legis is the period between a law’s publication and its effective date, allowing individuals to become aware of its content.
25. Validity of Legal Rules
Legal rules are classified by their spatial, temporal, material, and personnel fields of validity.
26. Spatial Classification
This classification refers to the geographical area where a law applies.
27. Temporal Classification
This classification refers to the duration for which a law is applicable, which can be determinate or indeterminate.
28. Material Classification
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29. Personnel Classification
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30. Abrogation
Abrogation is the total cancellation of a law, rendering it no longer mandatory.
31. Derogation
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32. Retroactivity
Retroactivity occurs when a law applies to past events, potentially modifying or reversing their effects.
33. Hierarchy of Mexican Laws
Mexican laws are ranked as follows:
- Federal Polity (Constitution)
- Federal Laws
- Common Law
- Decrees
- Regulations
- Individualized Legal Standards
34. Federal Polity
The Federal Polity (Constitution) is the supreme law of Mexico, as stated in Article 133.
35. International Treaties
International treaties are agreements between two or more countries to address common interests.
36. Decrees
Decrees are provisions issued by the executive branch (President), concerning public administration. An example is Lázaro Cárdenas’ decree expropriating the oil industry.
37. Individual Legal Rules
Individual legal rules are acts affecting the will and interests of specific individuals or groups, created for concrete causes.
38. Examples of Individual Legal Rules
Examples include contracts, wills, and administrative decisions.
39. Contracts
Contracts are agreements between two or more parties to create, transfer, modify, or extinguish rights and obligations.
40. Wills
Wills are freely revocable documents outlining how a person’s property and rights should be handled after their death.
41. Administrative Decisions
Administrative decisions are rulings made by authorities, such as imposing sanctions, granting licenses, or issuing permits.