Introduction to Law I. First partial

• Introduction to Law I, First Partial.
• Lic. Fernando José Pocón Contreras is a lawyer and notary

The Human

• Biological Beings: Bodies with vital force, distinguished by qualities resulting from hominization's long processes.
• Philosophical Beings: Intelligence develops in humans, adapting naturally and progressively to reality.
• Axiological Beings: Possessing diverse characters, providing necessary qualities to subsist in their environment, also include the inherent values.
• Social Beings: Humans transform their nature, society, and thoughts, voluntarily influencing their own change.

Hominization

• Evolutionary phenomena that led to the emergence of humans.
• It includes cerebralization, the liberation of hands, erect posture, tail regression, acquisition of social and practical characters.

Society

• Union of many people, pooling stable efforts to achieve individual and common goals.
• These goals include achieving one's own good and the common good.

State

• According to García Máynez, it is a juridical organization of society.
• It exists under a power of domination exercised in a specific territory.
• Article 140 defines the State of Guatemala as free, independent, and sovereign.
• It is organized to guarantee its inhabitants the enjoyment of their rights and freedoms.
• Its system of government is republican, democratic, and representative.

Elements of the State

• Population: A group of people who inhabit and coexist in a specific place, per Article 153 CPRG.
• Nationality: The legal bond between a person and a state, per Article 144 CPRG.
• IUS SOLIS: Right of Soil.
• IUS SANGUINIS: Right of Blood.
• Citizenship: Depends on each State, per Article 145.
• Territory: Defined area (soil, air, and water), per Article 142 CPRG.
• Municipality: Territory with authority, administrative, economic, legislative, and electoral autonomy.
• Public Power: Regulated by Article 152 CPRG.
• Some possess authority over others to perform functions that satisfy needs.

Etymology of the word "State"

• Comes from the Latin "Status" and the verb "Stato," meaning "what maintains it stable."

Origin and Historical Evolution

• Theocratic State (State-Church): Governed by a divinity, with representation in humanity, correlating the state and the church.
• This is the first form of State in History.
• City-State: Composed of a single city (e.g., Singapore, Vatican), politically independent in its surrounding space.
• Each city-state is sovereign and independent with its own government which is self-sufficient.
• Absolute State (Monarchy): Power is exercised by a specific person, an absolute ruler over subjects.
• Laws express and regulate the will of the King, based on the social supremacy of the aristocracy.
• State of Law: Law acts meticulously, regulating actions and prioritizing the law over any person.
• It establishes how the person who exercises power is chosen.

Sovereignty

• Supreme power of the State to achieve its goals and govern the community, per Article 141 CPRG.

Legislative Body

• Established by article 157 CPRG.
• The purpose is to create laws through the legislative procedure.
• Functions: regulated by Article 165 CPRG
• Control Mechanisms:
• Citation: To officials or public employees and individuals who have connections with State affairs.
• Interpellation: To ministers of state for accountability, potentially leading to a vote of no confidence.

Executive Body

• The objective is to legally administer the State.
• President presides.
• Constitutionally includes a Vice President.
• The secretaries are defined by Articles 202CPRG.
• Council of Ministers (Art. 195 CPRG)
• Ministers
• Governors.
• Other dependencies created by governmental agreement (CONRED).

Judicial Body

• The objective is to impart justice through jurisdictional bodies.
• Organization includes Administrative and Jurisdictional divisions:
• Administrative Structure: CSJ Deliberation, President of the Judicial Body, Administrative Dependencies.
• Jurisdictional Structure: CSJ (13 magistrates), Court of Appeals, Courts of First Instance, Justice of the Peace Courts.

Birth of the State and the Law

• Idealistic Conception:
  • Natural Law: Set of factors that govern nature (unwritten law).
  • Social Law: Rules of conduct created by humans (written law).
  • Stages of Natural Law include:
    • Ancient Natural Law:
      • Greece: Mythology and legendary heroes.
      • Distinction between Human Law (creation of humans inspired by gods) and Natural Law (creation of God).
    • Universal Law governs all peoples.
    • Rome: Lacked an original philosophy and was influenced by cults, doctrines, and religious mysteries.
    • Christian Natural Law: Natural law is conceived as the will of a single God, a divine law, opposing human law.
      • Patristics (San Agustín):
        • The eternal law is written in everyone's heart (10 commandments).
        • Natural Law: The internal law that everyone knows is bad.
        • Human Law: Must be inspired by natural law, otherwise, it lacks value.
  • Scholasticism (Santo Tomás de Aquino):
    • The eternal law is unknown to any human being.
    • Natural Law: Partial knowledge of the eternal law.
    • Divine Law: The revelation of God.
    • Human Law: Organization of reason for the common good.
  • Classical Natural Law: Philosophical current of natural law.
  • It considers true knowledge only extracted from reason, disregarding experience.
  • Historical School of Law:
    • Empiricism: Views law and state as cultural products.
• Materialistic Conception
  • Hominization: Evolutionary phenomena that led to the emergence of humans.
    • Stages of Materialistic Conception includes:
      • Primitive Herd: Primarily lives by gathering wild fruits, roots, and hunting.
    • Tools are rudimentary (stone and sticks).
    • Gentilic Regime: The Gens appears as the primary cell of society, a group of individuals united by blood ties.
      • Matriarchy: The care of animals and the land are the responsibility of women.
      • Patriarchy: Includes several generations from the same father with all the wives, sons.
      • Dissolution of the Gentilic Regime:
        • Private property emerges, hence, the need for trade.
        • Commerce leads to vendors called Merchants and buyers are needed.