Understanding Personhood, State, Society, and Law
Understanding Personhood
A human being is an autonomous and free original, educated (learning) being, gifted with intelligence and will, and is responsible for their actions and can love.
Etymologically from the Greek prosopom (mask).
Juridical Persons
From the juridical point of view, there are two types:
- Natural Person: Defined as every individual of the human species, whatever their age, lineage, sex, or human condition. Attributes include name, marital status, nationality, and address.
- Juridical Person: A group of natural persons around a corporation, association, or institution. Elements include names and addresses, goals and objectives, means for attaining these ends, and the power to direct the institution.
State and Society
State: People endowed with sovereignty and territory have the same government. Elements:
- Nation: Common ties (language, traditions, etc.). A state can be multi-country (more than one nation).
- Territory: Geographical space: air, sea, land. Legal territory: outside the borders (embassies and banks).
- Government: Authorities to lead the country.
The main objective of the State is the Common Good. This is in the Constitution, Charter, or Magna Carta. National security, health, education, etc. Democracy is a system of government for the common good and always needs to be improved.
Social and Legal Standards
- Social Norms: Customs and traditions of a group within society; their character is social sanction.
- Moral Norms: Guide acts to distinguish between what is good and wrong.
- Legal Norms: Regulate social life, originate in legislative bodies, may be coercive for all, and have a temporary effect (regulations, decrees, decrees with the force of law (Chairman), constitutional law).
Understanding Law
Law is a condition of life for the tranquility of the community. Its principal function is to replace the use of force with the use of reason, an element that balances all the currents of life, organizes human consciousness, taking fairness and justice as basic, decreases in number, and can reasonably solve problems. Its mission is the pursuit of justice and discipline, balancing needs and desires to give each his own. It is a set of rules governing the conduct of people; the State can use force. It cannot be static. Derived from the Latin directum, it is right, reasonable, and legitimate.
Objective and Subjective Law
- Objective Law: Derived law, according to established procedures (Constitution, Penal Code).
- Subjective Law: Human rights.
Sources of Law
Legal documents: Constitution, constitutional organic law, international treaties, decrees of law.
Types of Law
- Constitutional Law: Carries out the articles of the Constitution.
- Administrative Law: Regulates public administration.
- Criminal Law: The State imposes penalties on offenders.
- Procedural Law: Identifies the steps in the courts.
- Agricultural Law: The land, its distribution, water management, forests, etc.
- Labor Law: Social justice plan to carry out and balance worker and employer relations.
- Civil Law: Essential facts of human life (birth, marriage, death, inheritance, etc.).
- Commercial Law: Trade activities (traders and buyers).
- Air Law: Rules relating to navigation, aircraft, etc.
- Public International Law: The basis of this law is located somewhere on the recognition of equality between States and the legal relations between their duties and rights (limits, free trade agreements).
- Private International Law: Is on the act of persons placed outside the boundaries of their country or by nationals of another country.