Defining Key Concepts in Legal Theory and Jurisprudence

Fundamental Logical Principles

Principle of Sufficient Reason (Principium Rationis Sufficientis)

States that for any proposition to be true, it requires a sufficient reason.

Logical Principle of Contradiction

States that two contradictory propositions cannot both be true simultaneously.

Logical Principle of the Excluded Third

States that two contradictory judgments cannot both be false.

Legal Principle of Sufficient Reason

This principle depends on the validity of any rule of merit.

Core Concepts of Legal Norms and Duties

Norms and Their Classification

• Norm (Norma): Any rule of conduct that is mandatory.
• Unilateral Norm (Norma Unilateral): A mandatory duty imposed without granting correlative rights or abilities.
• Bilateral Norm (Imperative-Attributive): A norm that, in addition to imposing obligations, grants a person the right to demand the fulfillment of those duties.

Duties and Rights

• Legal Duty: The restriction of a person's external freedom.
• Right (Legal Power): The possibility of lawfully doing or refraining from doing something.
• Lawfulness (Legality): The attribute of any conduct conforming to the law.
• Illegality: The attribute of behavior contrary to a legal duty.

Legal Subjects and Imputation

• Subject of Law: Any entity capable of holding rights and duties.
• Imputation: The attribution of legal powers or duties to a subject.
• Empowerment: The imputation of rights based on legal rules.
• Regulatory Obligation: A duty imposed or charged.

Scope and Holders

• Object of a Legal Power: That which the holder of the power is entitled to do or refrain from doing under the empowerment.
• Scope of Duties: That which the obligated subject must do or refrain from doing.
• Holder of a Legal Power (Entitled Party): The person whom the rule of law permits to do or omit something.
• Obligated Party (Obligado): The person whose possibilities of action are limited by a duty.

Legal Relationships and Rule Structure

The Legal Relationship

• Legal Relationship: The link established by the imperative-attributive norm between the obligated party and the claimant (pretensioner).
• Active Subject of a Legal Relationship: The party empowered by the rule.
• Passive Subject of a Legal Relationship: The party bound by the rule.
• Legal Consequences (Implications of Law): The duties imposed and powers granted by a bilateral norm.

Elements of Legal Rules

• Legal Assumption (Hypothesis): The hypothetical condition in a legal rule whose fulfillment triggers legal consequences.
• Copula: The part of the legal rule that links the legal consequences to the fulfillment of the assumption.
• Legal Fact: The realization of the conditions set forth in a bilateral norm.

Action and Compliance

• Fulfillment of Duties (Compliance): The legally binding conduct required by the duty.
• Exercise of a Right: The realization of legally permissible conduct.

Classification of Subjective Rights

Dependent and Independent Rights

• Independent Subjective Right: A subjective right not founded on a legal duty.
• Dependent Subjective Right: A subjective right founded on a legal duty.

Grades and Faculties

• First-Grade Subjective Right: A right that serves as the foundation for a second-grade right.
• Second-Grade Subjective Right: A subjective right founded on another legal right.
• Founded Faculty (Dependent Power): A faculty that can only be attached to a legal duty.

Exercise and Freedom

• Faculty of Law (Obligatory Exercise): The faculty requiring the holder to fulfill his duty.
• Obligatory Exercise of a Right: The fundamental requirement that the holder must exercise the right as a legal duty.
• Permissive Right: A right not founded on a legal duty of the holder.
• Legal Freedom: The right to choose between exercising a power and not exercising it.