Chapter IX: Law Within Other Meanings

• Chapter IX addresses the law within other meanings.

General Information

• There are two types of relationships that can occur between people within a society.
• These relationships include power relations (domination and subjection) and law relations (equality).
• Anarchy is where the power or faculties that assist individual people is not limited or controlled.
• Despotism occurs where power is concentrated in one person or a small group of people, with limited rights for individuals.

Law Etymology

• Law relates to authority and regulation, known as written law, or positive law.
• The latin terms Directum and Dirigere means to drive, straighten, govern, direct, and correct.
• The words "Diritto", "Recht", and "right" originate from the low latin "directum".
• The root is also found in "regere" (to govern), "rex" (the king), and "regula" (the rule).
• Law connects to the concept of authority.
• In philosophical terms, it links to justice rather than just positive law.
• The latin word for law is "Ius".
• In a broader sense, the etymological root of "Derecho" comes from the latin "ius," from "iustitia" (justice).
• "Ius est ars boni et aequi" means law is giving to each what belongs to them.

Law Definitions

• Romeo Alvarado Polanco defines law as a coercive system of rules.
• The system generates authorizations and duties.
• Its purpose is to regulate human conduct within social relations.
• Law seeks to fulfill societal needs within a defined state organization.
• Law aims to maintain the organization and achieve its inherent interests.
• Law is a system because its rules and principles are structured and unitarily arranged.
• It is also properly hierarchical and focused towards a concrete end result.
• Rules are imposed on a population from a corresponding state inexorably.
• This occurs even against their will, and despite unjust mandates.
• Coercibility, or the use of physical force, is an essential trait that differentiates legal from other norms.
• Implementing legal standards produces authorizations and rights, plus obligations and duties.
• Authorizations and rights decide the possible form and degree of activity inside the social conglomerate.
• These act under the protection of the State, under the generic name of subjective law.
• Obligations and responsibilities define a required form and level of activity, where failure results with state intervention.
• They are given the generic name of legal duty.
• The object is to regulate conduct among people in social relations.
• Law specifies its application to human actions in a positive way (carrying out an action), or in a negative way (incurring omission).
• Man is the sole subject of law, acting as an individual or as a collective within the social dynamic.
• Legal standards interfere when people pursue legal acts or legal facts.
• Legal acts are products of free will.
• Legal facts determined by material cause, and forces produce consequences in the world of law.
• Work done to meet needs, plus produce goods or services, cause social contacts to acquire legal status when controlled by law.
• Economic relations integrate with economic acts.
• Economic actions are how people meet their needs.
• Examining the importance of property, contract, purchase, etc. demonstrates these also have an economic character.
• Law can not be grasped if economics, are not taken into account.
• The state promulgates legal norms, ensuring compliance, and applying coercion to those who break the law.
• Numerous and varied social interaction within the society relate to population size, and territorial extension.
• Only a well-organized, centralized entity possessing supreme power guarantees legal regulatization through legislative, executive, and judicial.
• The State's existence is tied to law.
• Law has a dual purpose to maintain and improve state organization, plus carry out inherent interests.
• Law includes rules of organic structure, and social norms.
• Law consists of standards to govern human behavior, plus authorization or faculties granted, and obligations in prescriptions.
• Materialistic view is the law is a collection of rules which express the desire of the ruling class and is determined by life conditions, plus sanctioned by the state and enforced through measures.
• Law regulates social relations to consolidate order and benefits the ruling class.
• The law can be defined from the Communist Manifesto as will of the dominant class made law, having its contents defined by conditions of existence.
• Santiago López Aguilar: Law is an instrument of obligatory observance by the State to establish societal conduct to keep private property and labor exploitation, for a dominant class.
• Leonel Pereznieto Castro: Law is a group of legal norms that confer powers, impose legal duties, and grant rights to regularize exchanges and social interaction for preventing conflict, based on criteria like safety, equity, liberty, and justice.
• Law is system of coercive standards issued by the State, regulating human activity.
• It grants legal rights and imposes requirements to further a defined social interaction.
• Guatemalan law seeks to guarantee private property, free enterprise, the common good, legal certainty, and justice.

Definitions of the Word Law

• Law has various definitions.

Objective Law

• Objective law is the set of legal standards that form the current system and regulate diverse social contacts.
• It is grounded in establishing a procedure that assures reason.

Subjective Law

• Refers to the faculties coming from law, where a subject executes a certain conduct, and demands duty fulfillment.
• Capabilities involve doing, not doing, and demanding action.
• Own conduct legal rights include faculties of doing (agendi) or omitting (omittendi).
• The right to the conduct of others includes powers of demanding faculties.

Divisions of Objective Law

• Objective law divides based on territorial impact.
• Internal law gets enforced inside a State's borders.
• External or international law extends outside State territories.
• Objective law divides based on matters of societal relations.
• Public law includes constitutional, criminal, administrative government, and tax regulations.
• Private law involves civil and commercial governance.
• General rules apply to all people.
• Individualized rules address specific people.
• Defined Term includes norms with effective period.
• Undefined term includes norms with no set amount.

Classification of Subjective Law

• Absolute rights get put against all parts of society and are called Erga Omnes.
• For example, rights to have a name or own property.
• Relative rights allow subjects to asserts rights towards another or a group.
• Example, right from a father to correct his children.
• Personal: also known as credit or credit rights, relates to demanding performance action such renting to tenant.
• Real: relates to rights enabling benefiting like an automobile ownsership.
• Public: relates to those asserted against State, with imposed restrictions, plus the right of freedom, petition, or political engagement.
• Private: relates to exerted relation between entities or states, commonly termed as personal or real.

Effective Relevant Law

• Validity is the quality of norms to be mandatory, designate imperatives, establish duties.
• Positivity means norms are really applied and obeyed.
• Current law refers to rules imperatively given in force at a place by the political authority.
• Positive law a system of law informs and regulates life at a historical moment.
• Positivity stems from the observance of any rule, whether active or not.
• Custom not sanctioned remains positive law, but without formal validity.
• A judicial norm may be present while being unsigned or unrecognized.
• The Guatemalan law establishes cannot challenge adherence to law because of ignorance/disuse.
• Valid Law remains formally promulgated at specified specified time and place with effectivity.
• Positive Law refers to the observed effectively applied disregard origin with valid or non-valid context.

Substantive vs. Procedural Law

• Norms are divided among substantive and procedural kind.
• Substantive norms regulate interactions.
• Substantive Law comprises rules to regulate human action.
• Procedural norms facilitate enforcements in courts when substantive norms are voluntarily broken.
• Procedural law manages an application of the latter.

Positive and Natural Right

• A differentiating aspect pertains of obedience.
• A division lies on source which depends mainly the naturalists which attributes as a divine figure while positivist does not acknowledge further creation than state.
• Natural Law involves set of principles of action.
• Positive Law created by human action, imperfect, temporal and changing which illustrated with drama piece.
• Natural law is the standard to measure created rights and justice.
• Natural principles serve positive interpretations where equity integrates with norms.

Just or Unjust Right

• Law have capacity of fitting context with slavery in Right remained judicial still.
• Equity it is not an element.
• Theory suggest ideal concepts exist.
• Right as synonym with Right where fairness expects value teleological ties.
• Right considered implement.
• Right as norm emerges an understanding of State through manifestations and only lawful.
• Right has a decision making which derive legal type dependent.
• Romano derivated laws or judgments are sources due its jurisprudential origin by legislator's source.
• In anglo common laws legislate secondary with doctrine framed under Tribunal's resolutions in this legal studies meaning Right jurisprudence which derives.
• Science right studies legal frameworks with familiar influence while legal theory provides basis.
• Norm jurisprudence is derived.