Derecho y Función Social

Study Notes

Ser Humano y Sociabilidad: Humans are social beings, creating conflicts and needing systems of control.
Sistemas de Control Social: Formal controls (police, courts) and informal controls (family, schools) exist to regulate behavior.
Derecho: Aims to regulate social behavior through rules and to resolve conflicts, aiming for practicality, effectiveness, and execution. It uses norms created by individuals in power and enforced by authorities.
Derecho como Estructura: Consists of rules created and enforced by state organs. These rules govern external actions, are authoritative and codified , and are enforced through consequences. Their creation, enforcement and change follow strict procedures.
Derecho y Contexto Social: Human actions in society are mostly governed by regulations. Law is shaped by social processes and, in turn, influences society.
Relación entre las Estructuras Jurídicas y el Contexto Social: Legal frameworks depend on the social context and the dominant social groups.
Violencia en la Infancia: The organic law of 8/2021, aims to provide integral protection to children and adolescents and outlines specialized courts. Critically, these courts exist both in the first and second judicial instance.

Derecho Privado: Deals with relationships between individuals (e.g., contracts, property). Includes Commercial and Civil Law.
Derecho Público: Governs relationships between individuals and the state (e.g. Administrative law, criminal law). Includes Administrative, Criminal, and Procedural Law.
Derecho Penal: Covers criminal offenses and the related laws and procedures, including penalties for adults or minors under 18.
Derecho Procesal: Sets the rules and procedures for applying the law in legal cases. It dictates the ways that legal proceedings happen.

Legislativo: Creating new laws and altering existing ones.
Judicial: Applying laws and resolving disputes.
Ejecutivo: Enforcing regulations and penalties.
Eficacia Jurídica: The measure of a law's effectiveness in changing human behaviors.
Conducencia: The ability of norms to encourage compliance.
Eficacia de las sanciones: The effect of penalization on conduct.
Órganos Judiciales: The different levels of courts (Supreme Courts, Provincial Courts, courts of first instance, etc.) exist to apply rules and settle disputes in various jurisdictions.
Registro Civil: Public registry for vital records (birth, marriage, death).
Juzgados de Paz: Local courts dealing with issues like civil and criminal cases in areas with no higher court.
Psicología Jurídica: Application of psychology in legal contexts. This can include things like how people behave in court, and the factors influencing verdicts or judgments.