EL DERECHO PDF

# 1. EL DERECHO The human being to be able to subsist, needs to satisfy multiple material and spiritual needs, such as food, clothing, health, housing, reproduction, entertainment, work, justice, etc. By its own nature, it is not self-sufficient to attend to all these needs by itself, but rather ne...

# 1. EL DERECHO The human being to be able to subsist, needs to satisfy multiple material and spiritual needs, such as food, clothing, health, housing, reproduction, entertainment, work, justice, etc. By its own nature, it is not self-sufficient to attend to all these needs by itself, but rather needs to be in a permanent relationship with others, from whom it obtains goods, services, moral support, etc. So to subsist frequently we buy food, clothes, if you do not have housing, you buy or rent it, or hire an engineer to build it. If you want to study, you enter an educational institution, you buy school supplies, you buy books. If you get sick, you hire a doctor to treat you, you buy medicine. If you are a victim of an assault on your person or your property , you go to court asking that the threat of violation ceases or that your violated right is restored and consequently that the aggressor is sanctioned. So to move from one place to another you use transport (bus, taxi, train, plane, etc.). To meet certain spiritual needs, you buy a painting, go to the cinema, to the theatre, to a music concert, etc. In order to have an economic base, you provide your material or intellectual services to those who need them. To satisfy decent sexual needs, of reproduction, of love, of moral support, a man and a woman unite voluntarily into marriage. As a member of the society in which you live, you participate in the affairs of the State through the act of suffrage, public office, etc. These social, economic, cultural, political activities, put us, deliberately or inadvertently, in continuous contact with the Law. They make it sink its roots in the social nature of man, so that anyone who has a notion of what the Law is, since we all know that there are laws, police, judges, wills, contracts, prisons, penalties, etc. The common people know that there are rules that are enforced on # LÒGICA JURIDICA - can be imposed coercively and at the same time empower them to demand from others a certain behavior. - All human behavior with social transcendence is regulated by legal norms that are imposed equally on all members of a certain community, coercively if necessary. - the legal norm sometimes prohibits us from obtaining the goods we need by taking them from others, or that we do justice for ourselves. - we are given powers, faculties, attributions, claims to demand from another certain behavior (subjective rights). - In this last sense, in the current language, we say that we have the right to life, to freedom, to property, to travel freely through the streets, to demand from our debtor that he return the loan, the right to marry, to contract, to make a will, etc. - The subjective right is I have the right to or I have the right of - In some cases the Law authorizes us to develop certain behavior. - others empower us to demand from another the fulfillment of a duty. - others grant us the power to create, modify, regulate or extinguish legal relations. - Only the human being, due to being eminently social, can have duties and subjective rights: the legal duty is always the right of another. - having a right means that we can demand from others a specific behavior (legal situation) - A totally isolated man, separated from society, will hardly have obligations for himself and for God. # 2. ETIMOLOGIA DE LA PALABRA DERECHO - comes from the Latin word *DIRECTUM*, which is the past participle of *dirigere*, which is made up of the continuous prefix *di* and the verb *regere*, which means to rule or govern. - *Dirigere* is the usual form of guiding, conducting or governing. - The prefix *di* comes from the Aryan roots *DH* and *DHR*, which enclose the idea of stability and firmness. - *Régere, rego*, contains the duplicative *re*, which is derived from the Aryan root *RJ*, to guide, to conduct. - According to this etymology, *Derecho* means firm, stable, permanent order. - It seems that the Latin words *directum* and *ius* are equivalent. - Romans used the term *ius* to express the notion contained in the word *derecho*. - *ius* had only an adjective meaning for them and it was used to refer to what is understood as procedural action (direct action). - Ulpian considers *ius* to be derived from *iustitia*. - For the grammarians, justice derives from *ius*. - For some authors the word *iu* derives from *Jove, Jovis*, the name of Jupiter. - For others, it comes from *Jubeo*, to command, or from *juvo*, to protect, or from *jungo*, to join, to unite or to yoke. - In this way, the meaning of the word right is highlighted, the idea of straightness in human social conduct due to its submission to rules or laws. # 3. ACEPCIONES DE LA PALABRA DERECHO - In its usual or common sense, the term “right” means something that is straight, direct, contrary to what is crooked. - It also means what is done in the same way. - Thus it is expressed: "this road is straight" and "that tree grows straight". # 4. DEFINICIÓN DE DERECHO - is the set of norms that make up the legal system in force in a given society. - regulate relevant relationships for coexistence. - guaranteed by the possible coercion organized by the state. - this coercion is regulated by the possible coercion organized by the State, in order to achieve justice. - In this order of ideas, we must clarify that the set of norms that regulate coexistence, which gives rise to a series of relationships that are not the same in every place or time. - are not all relevant, that is, necessary or fundamental. - There are social relationships that have no transcendence. - they are not susceptible to generating conflicts that affect peaceful coexistence. - If two or more people agree to go camping in Churubamba on a certain date and time, and one of them does not attend the appointment, this breach of the appointment does not have such importance in the life of the relationship as to force the person who failed to attend, even coercively. - The person who failed to attend, even coercively, to attend the appointment or to pay for the probable damage caused by the failure to attend. - For this reason, the Law does not deal with this social relationship. - However, if two or more people enter into a purchase and sale contract and one of them does not fulfill their obligation, this breach of the agreement does affect the interest of the other, generating. - A conflict that must be resolved, even resorting to coercion, through a process that is regulated by the Law. - Only these relevant social relationships must be ordered or regulated by legal norms. - In other words, the object designated by the word Law is Positive Law. - It is so called because it is Law imposed by an act of will of those who create laws. # 5. LA CIENTIFICIDAD DEL DERECHO - To deal with a subject as delicate as the scientificity of the Law. We need to understand, what is science (from the Latin verb *scire*, whose noun is *scientia*). - According to the Peruvian professor *Aníbal Torres Vasquez*, science is the systematic set of knowledge about objects (material, psychic, ideal and cultural). - Obtained through the corresponding scientific methods. It consists of three elements: - content, a set of knowledge about a particular object. - field of action, the natural material and psychic reality, the social reality and the ideal reality. - procedure or method of action, the scientific method. - The basic functions of science are: - **Description**: the verbal or written presentation of phenomena and their properties. - **Explanation**: the determination of the causes that produce phenomena, their properties and relationships. - **Prediction**: deducting new phenomena from a hypothesis or theory. - **Application**: applying scientific knowledge to practical purposes. - Sciences are classified into: - **Formal Sciences**: such as logic and mathematics. - they have ideal, abstract objects, such as numbers, variables, propositions, etc. - Their statements express abstract relations between signs and concepts. - Their method is logic, deduction. - The truth is guaranteed by demonstration - **Natural Material Sciences**: they have real objects such as: chemical substances, human behaviors. - Their statements refer to events or processes. - They use as a method, in addition to logic, observation and experimentation. - The truth is guaranteed by verification. - Natural material sciences are physics, chemistry, botany, astronomy, etc. - **Psychological Natural Sciences**: those that deal with the study of mental life. - **Cultural Sciences**: those that study human activity. - We know that culture is everything that comes from human conduct. - It is everything that the human being creates and is reflected in their conceptual world or in goods extracted from nature, to which he gives form and use or in material or spiritual services. - In forms of social organization or in the regulation of human conduct. - Law falls under cultural sciences because it is not nature but an expression of human life. - It is not a natural science but rather part of the so-called sciences of logos, of culture, of human senses. - The science of Law is essentially *normative*; its analysis revolves around Positive Law as a regulator of human social conduct. It prescribes, prohibits or allows individuals certain behaviors. - This gives rise to their duties and rights (subjective rights) - The scientist guarantees them by the coercive force of the State. - He systematically interprets and integrates Law for its application with a view to achieving justice. - As we have seen, the scientificity of Law is explained from the sciences of culture. - While the sciences of nature use the explanation of facts and phenomena. - Cultural disciplines whose scope belongs to Law seek the meaning that is expressed through certain objects. - "Nature is explained, the life of the spirit is understood" This marks the methodological differences between these two forms of knowledge. - It becomes clear then that the legal discipline is integrated into the set of sciences of the spirit and culture because it has developed methods that point to rationally verifiable knowledge, although the accuracy of mathematical sciences and sciences of nature cannot be achieved. # 6. EL MÉTODO DEL DERECHO - Having concluded that Law is a science of culture. - It is also assigned a way of being among cultural objects, the same way as understanding. - Understanding is the path that must be followed to go from the material substrate of those objects to their meaning. - In order to clarify the links that are woven between them to form valuable complexes or structures. - When faced with objects that constitute that realm of culture, there is no neutral attitude as in the case of physical and natural facts. - The center of gravity of the problem of evaluation lies in the "setting of value" that constitutes a personal attitude. - To distinguish the methods of natural sciences from those of culture. - We observe that the same fact or reality can be apprehended with a naturalist criteria or from the angle of culture. - For the psychologist or the sociologist. - A crime can be explained by psychological or social causes. - For the jurist, it can be understood. - As human conduct through certain norms that express certain values. - In conclusion, we will say that the method of studying the science of Law is not purely direct observation. - It is indirectly through interpretation. # 7. LÓGICA - The term Logic. - It is not a new term in our language. - We often use it to refer to reasoning as part of our experience. - When we use the term "Logic" it is easy to realize that we are referring to the reasonable or to reasoning. - Human beings are distinguished from other living beings by being rational. - Thus they are constantly making deductions or inferences in all aspects of their lives. - In some cases, these inferences are accurate and in others, they are not. - Therefore, we can point out that. - Determining which arguments are correct. - One of the main focuses of interest in logic. - In consequence. - The central theme of this discipline is the formal analysis of reasoning. - Logic is concerned with examining the various procedures. - Theoretical and experimental that are used in the acquisition of knowledge. - To analyze the structure of science itself. - Logic studies the processes of thought. - To discover the rational elements that constitute it. - The functions that link them; and investigates. - The execution of experiments. - To determine their phases and development. - Logical operations are continuously practiced by all men and women. - In the different activities of their daily lives. - Even when they are not always fully aware of it. - Reasoning and experiences that we perform continuously. - They only differ from those carried out by scientists. - Due to the greater rigor with which the latter carry them out. - What is more, we must keep in mind that logical operations are experiences. - Incessantly practiced by all men and women. -These operations are enriched and develop due to the contributions that are also constantly made through the same experiences and reflections. - Therefore, we learn logic from experience in everyday life. - It is implicitly contained in all human activities. # LÓGICA FORMAL - It is the science of thought. - Its object of study are concepts, judgments and reasonings. - We must use them as an instrument to reach the truth. - formal logic has a symbolic language. - It allows a greater degree of precision and univocity than that offered by natural language. - It deals with the relationships of deducibility between propositions. - Deductive arguments are characterized by the fact that in them the passage from the premises to the conclusion is made necessarily or analytically. - The conclusion does not go any further than the premises. - When the conclusion goes beyond the premises, we are faced with inductive reasoning. - The proposition is a linguistic segment. - It has a complete sense and can be asserted as true or false. - for example, "the current Peruvian Constitution dates from 1993" is a true proposition. "Lima is a city where there are no criminals" is a false proposition. - All the rules of inference in logic are tautologies. - They are necessary or analytic truths that, in themselves, do not provide any empirical information # LÓGICA JURÍDICA - It is the special applied Logic. - As a subclass of Deontic Logic, it is an autonomous discipline. - It has as its object of cognitive treatment. - The categories of legal knowledge. - The categories of legal knowledge are: the legal norm, the legal concept, the legal judgment. - The co-implicating nature of legal imputation. - legal inference. - legal argumentation.