WELCOME STUDENTS
Law is the set of legal norms in force in a society that together form a system.
Different types of rules or norms make life in society possible; however, these norms have different origins.
Social norms: regulate behavior in society to ensure coexistence within a framework of respect.
Example: Do not interrupt another person’s conversation; greet acquaintances at their birthday parties.
Moral norms are rules of conduct based on ethical values and relate to the most personal aspects of human behavior. People are expected to follow these norms voluntarily and spontaneously; that is, there is no external authority forcing compliance. These norms are followed when they align with an individual's values.
Example: Telling the truth.
Legal norms are a set of rules established by state authority. These norms impose a sanction in case of non-compliance, and their enforcement is carried out by specific state institutions. Individuals are required to obey legal norms to avoid sanctions.
Examples of social norms: be punctual, do not throw trash on the street, wait your turn.
Exmples of soral norms: say thank you when someone helps you, respect others, help those in need.
Examples of legal norms: do not steal, wear a helmet, obey traffic lights.
Natural Law and Positive Law
Positive Law: set of rules that must be obeyed issued by a competent authority.
Natural Law: set of rules, also mandatory, issued by a competent authority, but aligned with universally valid and unchanging values, such as the right to life, non-discrimination, and freedom of opinion.
Sources of Positive Law
Law originates from the following sources: legislation (in a broad sense), doctrine, case law (jurisprudence), and customs and practices.
Law in the Argentine Legal System
In the Argentine legal system, legislation is the most important source of law.
The term “law” has two meanings:
In a narrow sense, it refers only to legal rules enacted by Congress (the Legislative Branch), according to the procedure established in the National Constitution.
In a broad sense, it also includes legal rules issued by any other competent authority, such as the Executive Branch, municipalities, and the Constituent Assembly.
In this broader sense, decrees of the Executive Branch, municipal ordinances, the National Constitution, and police edicts are all considered laws.
Characteristics of Law
Laws are:
Mandatory, because they must be obeyed by all inhabitants of the country, whether they are Argentine nationals or foreigners.
General, because they regulate all similar situations covered by the text of the law.
Stable, because they remain in force over time until they are repealed by another law.
Entry into Force of Laws
For laws to be binding on the population, they must be published in a special official journal called the Official Gazette.
Once published, they enter into force on the date established in the text of the law. If no date is specified, the law comes into force eight days after its publication in the Gazette.
Within this framework, we also find
* Doctrine
* Case law (jurisprudence)
* Uses and customs
0 comentarios:
Publicar un comentario