We explain what is the right and what are its different branches. Where does the concept come from and what are the sources of law.
What is right?
Law is the set of regulations, laws and resolutions , framed in a system of institutions, principles and norms that regulate human behavior within a society , with the objective of achieving the common good , security and justice.
The concept of law comes from the Latin ” directum “, which means that which is in accordance with the rule . It is characterized by being composed of a series of legal norms , which regulate relations, between two or more people , that have obligations and rights in a reciprocal manner.
The law can be divided into two large groups, the subjective and the objective:
- Objective right . It has to do with all those rules that regulate the actions of people within the society and is already in its entirety. Within the objective right we can talk about:
- Public law . which is that oriented to organize the public thing, that is to say, to the relation between the States , to the individuals, to the public organizations and to the relations of the individual with the society and the society itself.
- Private law . one who is oriented to relationships between individuals with each other to meet personal needs.
- Subjective law . It is composed of those benefits, privileges, faculties and freedoms that correspond to each individual. This right can be oriented to one’s own behavior and that of others.
What are the sources of law?
The so-called sources of law refer to those precepts or rules from which the obligations and rights for individuals originate and are the following:
- Law . This source lacks the consent of individuals and is promulgated, dictated and sanctioned by public authorities. Through the law we try to orient human activity towards the common good. This is the fundamental source within the law.
- Jurisprudence . This source of the right refers to the judgments issued by the courts when the judgments are submitted to their resolution and which, without having any obligation, are imposed.
- Doctrine. They are the opinions emanated by law scholars. Although these opinions are not mandatory, they are constantly cited by the judges, either to substantiate sentences and laws or, during decisions.
- Habit. The natural and spontaneous repetition of legal conduct that acquires force of law is another source of law.
General principles of law. These principles allude to the basis of the legal system as a whole, such as equity , good faith, solidarity and respect for human rights , among others.
Branches of law
The entire right is divided into three parts, which include the subdimensions mentioned above:
- Public Law . It is the one that has the objective of regulating the links between individuals, individuals, and also to private entities with the different organs of public power . Here is also the constitutional law that is a branch of public law, which is defined by studying and analyzing the laws that define the rule of a State.
- Procedural Law . It is the branch destined to the application of the norms of the law. Here we find the international law to regulate the conduct of the states, the criminal law to determine what behaviors are considered criminal, and the administrative law that has the objective of public administration .
- Private Law . Regulates legal relationships between people, that is, between agents that are not public, but are on equal terms. As for example the civil law that covers daily activities, family issues, also conflicts over property.
It also covers commercial law, which is the branch dedicated exclusively to organizational and commercial exploitation issues, regulates market activities, direct or indirect exchange of goods, services provided by producers, and must also guarantee legal support to consumers .
Finally, it also includes private international law, which specializes in regulating individuals who establish international relations.
- Social law . It is the set of legal norms that are established in favor of socially weak individuals, in order to achieve their coexistence in other social classes , within a current framework. For example, labor law , which aims to guarantee decent conditions for balancing within labor relations, between the employee and the employer. Here the rights of the worker, social prevention and trade union rights play an important role.