The basic and fundamental concepts of Law
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When we talk about Law, we usually refer to
a power that, if necessary, can be imposed coercively, by force.
When we describe coercion, we do not think
about the strength that a thief can use when stealing something. It is related
to the set of rules protected by organized social coercion and it is
called objective law or more commonly known as simply law.
We must explain the basic concept of this term before
considering some basic notions, such as rules, states or social organizations that are involved in
a legal
system.
Law and rule: The word rule
represents the key term in legal theory. It is defined as a statement in which
conducts are prescribed. Two types of rules would be, for example, you will not
envy the others' property and you will not kill. The first one is a morally
unqualifiable act but still, it cannot lead to any external sanction. However,
the second case represents the sanctions imposed by the coercive apparatus of the
society and it is determined by the courts.
Law and legislation: In continental
European countries, most legal rules are formulated by the State, through
constitutional structures or delegations conceded to public lower rank
entities. Keeping this in mind, the legislation proposed and published by the
constitutional organs of the State, receive the denomination of decree-law, order or resolution.
Law and society: there is a deep
relationship between both terms. If we put it into practice, every organized
society assumes the existence of certain people or groups that hold power over
the rest. This power is called political, meanwhile, the Law in the family or
the company can be created as long as they are authorized by the political
community.
Law and justice: Both terms are used
to cover the entire area related to principles and procedures that must be
followed and in legal terminology, it is designated as a justice system or a
law system as a whole.


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