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 arises from a first cause. Laws are, on the other hand, the relationships existing between the elements that intervene in a phenomenon .
In the field of law, a law – from the Latin lex – is a precept dictated by a competent authority. This text requires or prohibits something in accordance 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 . 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 norms that respond to the needs of the community are met. If a person considers that it is right 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), obligation (it is imperative) and permanence (it is dictated with an indefinite character), among others. But human beings are often not characterized by respect for other living beings, whether or not they are of their species, and certain laws (or the absence of them) often show this sad reality. Such is the case, for example, of the struggle carried out by those who want homosexual people to have the same rights as heterosexuals.
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 far from accepting homosexuality as normal . Among 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 other rights that until then had been denied to homosexual couples.
For more than a decade, any Spanish citizen can marry, adopt children, be recognized as a family member of their partner in a hospital, include her in their inheritance and collect her pension, regardless of their sexuality .
It is worth mentioning that the introduction of this law to Spanish soil did not take place in absolute harmony; as is often the case, the minority that voted against the measure did not feel like celebrating its approval, and many decided to express their discontent through public demonstrations. The Catholic Church also opposed this advance , claiming that it attacked the sanctity of marriage , a pretext that detractors have relied on in recent years.
Regarding the conflict that the word marriage often raises when speaking of 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 mentioning this term, to the delight 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 homosexual 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 the regulation of the State. The supreme law of a State is called the Constitution : through it, limits are established to the State powers and the system of liberties 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 under trial violate the law or not. The judge or court must rely fairly on the laws to issue its ruling or sentence .
A jurisprudence , in this framework, is formed from the sentences 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 charged with murder . The lawyer in charge of his defense will try to prove his innocence, while the prosecutor and the lawyer representing the victim's family will ask for a sentence in accordance with the Criminal Code .
Thus, throughout the judicial process, witnesses are presented who refer to the facts, evidence is presented and various experts contribute their knowledge to elucidate how the crime was carried out and who was responsible. The judge , when the time comes, must determine whether the accused was actually the perpetrator of the crime. If he is found guilty, he will have to punish him according to what is indicated by law.
Judges must issue resolutions or opinions in accordance with the provisions of the law.
Law and public order
It is important to note that the law is the basis of public order , as it determines the rules that regulate people's conduct. In this context, the law itself grants the State the monopoly on the use of force and provides it with coercive powers.
When a citizen commits some kind 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 State governed by the 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 must be within the framework of what is accepted by law. Abuses of power are illegal, do not contribute to social order and may even constitute a violation of human rights.