A law[7] is a system[8] a complex of rules and norms that regulate social relations within an organisation. society[5]. It covers various branches such as criminal law[4]Constitutional, civil, administrative and commercial law. The legal system is structured through law[9] objective (institutional rules of conduct) and the subjective right[1] (individual legal rights). Legal norms form the basis of positive law[2]which represents the legal framework active in a given time and territory. Different legal disciplines, including legal science, sociology[6], history, comparative law[3] and philosophy, examine the system from multiple perspectives. These disciplines analyse how legal rules are created, interpreted and applied, studying the internal mechanisms and social implications of legal structures. The primary purpose of law is to regulate human interactions, resolve conflicts and maintain social order through a hierarchical and structured normative framework.
Terms definitions
1. ↑ subjective right. A subjective right is a legal position granted by a legal norm, establishing a relationship between the holder of the right, the recipient and the object. It differs from an objective right in that it confers a specific advantage on an individual, implying a corresponding duty on another party. Theories on subjective rights vary, including the will theory (power of the recognised will), interest theory (legally protected interest) and mixed theory (power over a good or interest). These rights can be categorised as classical, binding, public, absolute or relative. The origin of subjective rights is debated between jusnaturalism (rights precede the law) and legal positivism (rights are created by the law). The concept involves complex interactions between legal norms, individual powers and protected interests, reflecting the dynamic nature of legal systems in recognising and safeguarding individual rights.
2. ↑ positive law. Positive law represents a system of legal norms established by a state, distinct from universal natural law. It is culturally constructed, specific to a particular time and geographical context, and enforced by government authorities. Unlike inherent legal principles, positive law can change according to social needs and political developments. Theorised through dualist, monist and pluralist perspectives, it encompasses laws, regulations and normative structures valid within a jurisdiction. In Brazil, for example, it is grounded in the 1988 Constitution. The concept is characterised by its state-determined nature, variability and ability to define legal infractions. Closely related to legal positivism, it contrasts with natural law and alternative legal interpretations, representing a dynamic structure of social regulation that evolves with human social structures.
3. ↑ comparative law. Comparative law is an academic discipline that studies the differences and similarities between legal systems in different jurisdictions. It serves as a research method and teaching tool, examining legal concepts and institutions globally. Scholars such as René David categorise legal traditions, including common law, civil law, socialist, Islamic and others. Emerging in 18th century Europe, with precursors in ancient Greece and Rome, comparative law helps to understand legal evolution and regional integration. By analysing how different legal systems approach similar challenges, it facilitates cross-border communication, promotes mutual understanding and provides insights for legal reformers. The discipline makes it possible to identify comparable legal institutions, assess their effectiveness and explore possible adaptations of legal concepts across national borders. Comparative law plays a crucial role in international relations, intellectual exchange and the development of a nuanced understanding of diverse legal frameworks around the world.
4. ↑ criminal law. Criminal law is a complex legal system that governs social conduct and criminal behaviour. Rooted in historical traditions such as Roman law and canon law, it aims to protect fundamental rights such as life, liberty and property. The field balances state power with individual rights, emphasising principles of human dignity, proportionality and due process of law. Key principles include legality, presumption of innocence and minimum intervention. Theoretical approaches range from the retributive model (punishment as justice) to preventive and restorative models, focusing on crime prevention and offender rehabilitation. Sources include penal codes, criminal procedure legislation and judicial precedents. Notable scholars such as Roxin, Bitencourt and Figueiredo Dias have contributed significantly to its development. Criminal law ultimately seeks to maintain social order while respecting individual human rights, using legal mechanisms as a last resort to address social conflicts.
5. ↑ society. A society is a group of individuals interacting to achieve common goals, sharing a fundamental principle of bonding. Characterised by networks of interconnected relationships, societies can be institutionalised or non-institutionalised, ranging from bands and tribes to complex state structures. Communities serve as intermediary groups between individuals and wider societal structures, encompassing family, professional and social networks. Anthropological perspectives emphasise the organisation of societies based on subsistence, technology and communication, challenging previous hierarchical notions. Social norms and institutions play crucial roles in maintaining group cohesion, with mechanisms such as generosity, status recognition and shared rituals. The evolution of societies reflects changing dynamics of cooperation, specialisation and adaptation, demonstrating how human groups organise themselves to survive and thrive in different cultural and environmental contexts.
6. ↑ sociology. Sociology is a social science that studies society, social interactions and culture through empirical research and critical analysis. Originating in the 19th century with pioneers such as Auguste Comte and Karl Marx, it emerged as a scientific approach to understanding the social changes brought about by industrialisation and capitalism. The discipline examines social structures, stratification, class, mobility and various human activities, including religion, gender and deviance. Employing qualitative and quantitative research methods, sociology has evolved to incorporate linguistic, cultural and computational techniques. Its scope extends beyond theoretical understanding to practical applications, informing policy-makers, educators and social workers. By providing systematic insights into social dynamics, sociology helps to explain how societies function, change and develop, bridging the gap between individual experiences and wider social systems and transformations.
7. ↑ law. The law has evolved through complex historical stages, from ancient Egyptian and Sumerian codes to sophisticated Roman legal systems. Ancient civilisations developed organised legal structures, with significant innovations emerging in Greece and Rome. Roman law, strongly influenced by Greek philosophy, was systematically codified and subsequently rediscovered in the 11th century, forming the basis for continental European legal systems. During the Middle Ages, custom and case law replaced rigid Roman codes, with the English royal courts developing common law precedents. Modern legal systems emerged with influential codifications such as the Napoleonic and German civil codes, demonstrating increasing standardisation. Throughout history, law has been closely connected to the development of civilisation, continually adapting to changing social contexts and reflecting national identities through philosophical, cultural and professional influences.
8. ↑ system. A system is a complex arrangement of interconnected components working towards a common goal. Characterised by functional integration and synergy, systems can be physical or conceptual, ranging from biological organisms to organisational structures. Biological systems follow a hierarchical organisation from atomic to cosmic levels, while information systems in computer science focus on algorithmic processes. Systems interact dynamically with their environment through inputs and outputs, maintaining homeostasis through continuous communication between elements. Different types of systems exist across disciplines, including human biological systems such as digestive and nervous systems, and social systems such as economic and legal structures. The core principle underlying all systems is the interdependence of the components, where changes in one part can significantly influence the functionality and performance of the entire system.
9. ↑ law. Law is a complex system of rules that regulate human behaviour through rights and duties, shaped by various social and cultural influences. Rooted in Latin and Sanskrit origins, it encompasses various legal families such as civil law and common law. The field largely distinguishes between public and private law, addressing corporate and individual interests respectively. Its foundations date back to archaic societies, with early codifications such as the Code of Ur-Namu and the Code of Hammurabi. Roman law significantly advanced legal systems, separating law from religion and morality, and developing sophisticated legal concepts. Modern law comes from multiple sources, including state legislation, international treaties and individual contracts. Courts and tribunals apply legal norms through interpretation guided by doctrine, custom and judicial precedent, reflecting the dynamic and adaptive nature of law.
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Law can refer to:
Objective lawThe system of rules of behaviour imposed by a set of institutions to regulate social relations;
Subjective rightThe right of a person to move the legal order according to their interests, which laypeople refer to when they say, for example, "I have the right to say what I want" or "he had the right to that land";
Legal systemThe hierarchical set of rules of conduct specific to a particular state or administrative division, for example "Japanese law";
Branch of lawa set of legal rules on a particular subject, for example "criminal law" or "constitutional law";
Science of lawalso called legal dogmatics: the branch of the social sciences that studies the system of rules of behaviour that regulates social relations, from an internal perspective (as opposed to the others). legal sciences);
Legal standarda rule of conduct imposed by a set of institutions to regulate social relations, and which is the cell of objective law and of every legal system;
Legal orderthe set of criteria by which the social relations of the members of a community are legally assessed;
Positive lawalso called established law: the set of legal norms established or in force at a given time and in a given territory.
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