lunes, 10 de septiembre de 2007

What is law? (¿Qué es el derecho?)

Usetdes disculparan pero el trabajo lo hice en inglés. Lo que sucedió básicamente, fue que toda la información la tenía en inglés, y en las traducciones se pierde mucha información. Pero aquí está.

I was taught since my early years by a very wise, patient, and living constitutionalist what law is, haw it applies to human nature and why it is utterly necessary in society. Its influence over most decisions is irrefutable, as it is the mean by which man governs himself.

His words went along these lines:
Law, alongside medicine and philosophy, is the oldest area of human development and study.
Law is the only way to achieve true justice, as man cannot make this abstraction (justice) tangible by himself.
Law is the means for human survival, for without it, a state of anarchy will prevail.
Law is ever present and must be abided at all times, for it holds true the essence of man within a social environment.

Although these views may be biased in some aspects and may even not use terminology correctly (anarchy), these precepts are forever engraved in my understanding of law, for they were the first. Through these words, I comprehend the basis and mechanics of law, and why it is an undeniable omnipresence in human life.

Now, there are other definitions of course, which do not even slightly concur with these, case in point: [Law is] the combination of those rules and principles of conduct promulgated by legislative authority, derived from court decisions and established by local custom.
Law is a system of rules usually enforced through a set of institutions. Law affects everyday life and society in a variety of ways. Contract law regulates everything from buying a bus ticket to trading swaptions on a derivatives market. Property law defines rights and obligations related to buying, selling, or renting real property such as homes and buildings. Trust law applies to assets held for investment, such as pension funds. Tort law allows claims for compensation when someone or their property is harmed. If the harm is criminalized in a penal code, criminal law offers means by which the state prosecutes and punishes the perpetrator. Constitutional law provides a framework for creating laws, protecting people's human rights, and electing political representatives, while administrative law allows ordinary citizens to challenge the way governments exercise power. International law regulates affairs between sovereign nation-states in everything from trade to the environment to military action.
"The rule of law", wrote the ancient Greek philosopher Aristotle in 350 B.C. "Is better than the rule of any individual."
This third definition of law divides it amongst its areas of study and application. Whilst giving clear exemplification of each individual asset, it does not ascertain as to what is truly law.
So, to answer the question, which is the subject of this small essay, I will give my definition of law; given the precepts of the wise constitutionalist, the brief dictionary definition, and the more developed encyclopedia definition.
Law is an abstraction, which was born in the human idealization of social forms, and which, through institutions, areas of application, and legislative bodies, intends to lead humanity into a state of justice, of social stability, and sovereignty over and beside his brethren and kin. Law is the means to achieve and thus is the end, as it is the basic framework for human development.

De nuevo, espero les sea inteligible a todos, cualquier duda porfavor consúltenme.

Gracias.

Carlos

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