Understanding Law: Definitions, Characteristics, and Iusnaturalism

Presence of Law and Sense of Definition

Preliminary Law

The philosophy of studying the theory of the Law of Justice, Human Rights (HR), and the Science of Law does not form part of the Philosophy of Law. It uses scientific and empirical methods (philosophy), synthetic methods (general concepts), and analytical methods (interpreting legal norms). The presence of HR in human life means continuous contact with the law. The law shares the legal significance of common actions, such as buying a newspaper or having a drink. Regarding their nature, some theorists narrow the scope of the legal set of rules dictated by the legislature and the executive branch. Others identify it with the decisions that judges make in dispute resolutions.

Definition of Law and Analysis of Language

Law acquires running applications that account for its character, boundaries, and functions. We proceed to analyze the ambiguity, vagueness, and emotionally charged nature of the term. Law is ambiguous, with meanings that vary in different contexts of use:

• Synonym for a set of rules or standards.
• Equivalent to faculty, synonymous with subjective law.
• Synonymous with justice.

Everything has its recognition in the objective and is studied by juridical science.

• Coercive: Unlike the law of other normative orders, such as morality or social intercourse.
• Imperative: Does not allow distinguishing the law from other regulatory orders, such as morality or social intercourse. Moreover, not all rules of law are translated into imperatives.
• Generality: Judgments concern only certain parties or those prosecuted. There are rules developed for particular individuals.
• Institutionalization or formal procedure: Established as legal norms are created, other than customary norms that arise spontaneously.

Definition of Human Rights and Legal Traditions

Law can be understood as everything that has traditionally been conceived as law. According to Ara Pinilla:

1. Law is a set of rules that man imposes for the regulation of social life through the repression of behaviors considered harmful or dangerous to the integrity of certain public or private goods.
2. Any measure that guarantees the use of force is a measure of incentive.
3. Attitudes considered appropriate for the effective development of social life.
4. Determines the status of members of the community.
5. Deals with the distribution of goods and services among members of the community and other people.
6. Has an institutionalized character with public authorities in their respective jurisdictions.

Limitations of the Unitary Characterization of Iusnaturalism

Iusnaturalism

Iusnaturalism is a legal philosophy of pluralism based on natural law or permanently based on the principles of human nature and the exercise of maximum freedoms of oneself and others. It is known from its origins in the 5th century BC until its decline in the 19th century.

Ideological Ductility of Natural Law

Natural Human Rights have been and are used as an instrument of justification for oppressive political situations and, in other cases, as a weapon for the establishment of more just and egalitarian societies. It is conservative, sometimes reactionary, and sometimes revolutionary. The main revolutionary political movement was the French revolutionary movement of the 18th century in opposition to the Absolute State. This ductility is presented in its origins. The Sophists distinguished between physis and nomos.