Fundamentals of Law: Norms, Sources, and Legal Structure

The Nature and Characteristics of Legal Norms

Law (or Right) is defined as a set of effective rules governing the conduct of individuals in society, primarily aimed at resolving conflicts. Legal norms govern the standard of behavior within a social context, providing legal value, purpose, and justification for conduct. This standard of conduct differs significantly from other forms of social regulation, such as technical rules, decorum, or moral and religious beliefs.

Legal norms possess specific defining characteristics:

• Heteronomy: The standard is imposed by an external, competent authority, often regardless of the subject's agreement with the content of the imposition.
• Bilateral (Alterity): The norm imposes duties upon one party while simultaneously granting imperative attributes (rights) to another.
• Exteriority: The norm qualifies behavior as shown to the eyes; it governs external conduct rather than internal thought.
• Coercibility: The ability to enforce the standard through the application of punishment or sanctions. Law is the standard dictated, enacted, and enforced by public authority.

Sources of Law

Sources of law are the facts and acts that give rise to the creation, modification, or termination of effective legal standards.

Types of Legal Sources

• Real Sources: Social facts and contexts that necessitate the creation of a standard.
• Historical Sources: Materials or historical events that previously gave rise to a standard.
• Formal Sources: Processes recognized by law that formally create a standard.

Key Formal Sources

Formal sources include both direct and indirect mechanisms for establishing legal norms:

1. Legislation: The process carried out by one or more state organs to create binding legal standards.
2. Custom: The perpetuation of behaviors accepted and recognized as binding by society.
3. Jurisprudence: The interpretation of law established by courts, often requiring five consistent theses (depending on the legal system).
4. Doctrine: The opinions of one or more authors in any field of law, used to interpret, understand, and apply legal principles.
5. General Principles of Law: Basic elements that inform the interpretation of law, based on the most logical and natural legal facts.

The Legislative Process

The creation of law follows a defined legislative process:

1. Initiation: A bill or measure is submitted for consideration by the competent legislative bodies (Congress).
2. Discussion: The chambers (assemblies) initiate discussions, often debating the project twice.
3. Adoption: The bill is formally accepted by the legislative body.
4. Sanction: The executive branch reviews and approves the law.
5. Promulgation: The law is officially issued and published in the Official Journal of the Federation.

Initiation of Effect

The law's effective date varies. It may take effect immediately (snapshot) or follow a specific timeline (e.g., 1 day, or 3 days plus one additional day for every 40km distance from the publication point). If the effective date is referred to simultaneously across all regions, it is considered synchronous.

Branches of Law

Legal standards are generally categorized into three main branches based on the relationships they govern:

• Private Law: Governs trade and relationships primarily between two private individuals or entities (e.g., Civil Law, Family Law, Banking Law, Stock Market Law).
• Public Law: Governs the relationship between the state and individuals, or the organization of the state itself (e.g., Constitutional Law, Criminal Law, Administrative Law, Litigation, Tax Law).
• Social Law: Focuses on providing benefits and protections to specific groups of people (e.g., Agricultural Law, Labor Law, Social Security Law).

Scope and Legal Standards

The application of law is bound by time and space (as referenced in Art. 121 of the Constitution). This includes the relationship between domestic law and extra-territorial law.

Legal standards are also differentiated by their origin and force:

• Positive Law: Norms that are currently in force and effective within a specific time and place.
• Natural Law: Principles derived from human reason, which often serve as the foundation for positive rules.

An individual's will or actions only produce legal consequences if they are recognized and regulated by the law. Actions based purely on natural will generally have no legal effects.