A law is a rule promulgated by an authority whose compliance is mandatory.
A law is a rule or norm . It is a constant and invariable factor of things , which is born from a first cause. Laws are, on the other hand, the relationships between the elements that intervene in a phenomenon .
In the field of law, the law - from the Latin lex - is a precept issued by a competent authority. This text requires or prohibits something consistent with justice and for the good of society as a whole. For example: "The sale of cocaine is punishable by law" , "The law prohibits a person from voting twice in the same election" , "A good man never acts contrary to the law" .
The law as a legal norm
Under a constitutional regime, the law is a provision approved by the Legislative Branch and sanctioned by the head of State . Those actions that violate the law are punished with different punishments depending on the nature and severity of the offense.
It can be said that laws limit the free will of human beings who live in society : they function as an external control to which people's behavior is subjected to ensure that a series of rules that respond to the needs of the community are met. If a person considers that it is okay to carry out an action that is punishable by law, it is normal for them to refrain from doing so, leaving aside their individual belief.
The law as a legal norm must comply with various principles, such as generality (it includes all individuals), obligatory nature (it is imperative) and permanence (it is dictated indefinitely), among others. But human beings are often not characterized by respecting other living beings, whether or not they are of their species, and certain laws (or the absence thereof) usually show this sad reality. Such is the case, for example, of the fight carried out by those who want homosexual people to have the same rights as heterosexual people.
The case of gay marriage
More and more countries are taking the step towards marriage equality, although there is still a long way to go, and there are nations that are very far from accepting homosexuality normally . Within Spanish-speaking countries, Spain was a pioneer in accepting same-sex marriage. The law that allows any individual to legalize their romantic relationship was approved in 2005 and led to the recognition of the rest of the rights that until now had been denied to homosexual couples.
For more than a decade, any Spanish citizen can marry, adopt children, be recognized as a relative of their partner in a hospital, include them in their inheritance and collect their pension, regardless of their sexuality .
It is worth mentioning that the arrival of this law on Spanish soil did not take place in absolute harmony; As usually happens, the minority that voted against said measure did not feel like celebrating its approval, and many decided to express their discontent through public demonstrations. The Catholic Church was also opposed to this advance , alleging that it violated the sanctity of marriage , a pretext on which detractors have relied in recent years.
Regarding the conflict that the word marriage usually raises when talking about the bond between two people of the same sex, in many countries there is the so-called civil union , which in practice is equivalent to marriage, but "strategically" avoids the mention of said term. , to the joy of those who uselessly cling to the past, causing death and suffering with their indifference and selfishness. Ironically, only a handful of nations have approved civil unions for gay couples.
The Legislative Branch is responsible for creating the laws that the Executive Branch interprets and applies.
Legislation, a body of laws
Legislation is the body of laws that apply in a certain area or that allow regulation by the State. The supreme law of a State is called the Constitution : through it limits are established on state powers and the system of freedoms and rights of the inhabitants is established.
When a lawsuit is filed or litigation is initiated, the legal process that is carried out has the purpose of determining whether the actions submitted to trial violate the law or not. The judge or court must base their ruling or sentence fairly on the law.
A jurisprudence , in this framework, is formed from the rulings issued by the courts . This set, in turn, contains a doctrine that is also called jurisprudence.
Example of trial
Let's look at an example of a trial . Suppose a man is accused of murder . The lawyer in charge of his defense will attempt to prove his innocence, while the prosecutor and the lawyer representing the victim's family will request a penalty in accordance with the provisions of the Penal Code .
In this way, throughout the judicial process witnesses are presented who refer to the facts, evidence is used and various experts contribute their knowledge to elucidate how the crime took place and who was responsible. The judge , when the time comes, must determine whether the accused was actually the author of the crime. If found guilty, you will have to punish him in accordance with the law.
Judges must issue resolutions or opinions in accordance with what is established by law.
Law and public order
It is important to indicate that the law is the basis of public order since it determines the rules that regulate people's behavior. In this framework, the law itself grants the State a monopoly on the use of force and provides it with coercive powers.
When a citizen commits some type of infraction or crime , the state authority can apply a sanction and force the sanctioned person to comply with it . The State also has security forces (such as the police ) to control people beyond their will.
What must always be kept in mind is that, in a rule of law , no one is above the law. A police officer cannot repress "freely" even if he is part of a security force: his actions have to be framed within what is accepted by the legislation. Abuses of power are illegal, do not contribute to social order and may even constitute a violation of human rights.