INTRODUCTION TO THE STUDY OF LAW

INTRODUCTION:
The study of the introduction to the law forms the basis that as a jurist, must be
followed to carry out the legal profession as it is the basis of the studies that will be
carried out in the future.
This subject allows us to know from its origin which are all or at least most of the
legal terms that will have to be used in this area, since words such as state, are
used by most people, but without knowing the origin of the word, much less what is
the meaning it has.
In this work we will cover basic topics for the law such as :
Norm, classification of the norm, characteristics of the norm, state, elements of the
state, power, territory, border, population, government, among others; the
mentioned concepts are some of the most common concepts in our current
normative systems, which is why we cannot overlook the knowledge of them since
it is a precept of a properly trained jurist the knowledge of them

THE HUMAN BEING, SOCIETY, CULTURE AND LAW.

On the other hand, the internal or affective norms are individual norms product of
tradition, morals, of a belief, religion or dogma, on the other hand, the external
norms are collective norms product of the collective agreement between individuals
that compose the social group.
The purpose of the legal order is to stabilize the intention of human conduct in
order to make social coexistence possible, and this is achieved to the extent that
certainty and social security are pursued.
Law constitutes an order of peace in which the freedom of persons must be
respected at all times so that it can be realized as such in accordance with their
expectations, interests, and objectives and that in doing so the person promotes
the development of the society in which he lives.
Law presents as one of its main characteristics that of social conditioning.
On the other hand, the subject of subjective law and objective law is also handled.
The subjective right is constituted by all those obligations and rights that we all
have, which are constituted and based on the constitution of Mexico, while the
subjective right is constituted by all those obligations and rights that we all have,
which are constituted and based on the constitution of Mexico.While the second is
all the capacity we have to be able to exercise our rights in society
Although it is true that every person can make use and enjoy the right to be able to
assert our rights in a given society, this right will be undermined when, in the case
of a subjective right, it is not possible to exercise our rights in a given society, but it
is possible to exercise our rights in a given society. This is quite logical since
otherwise we would be violating the right that other people have to enforce their
rights, and on the other hand, we would be disregarding a basic principle of the
right of others to exercise their rights.We would be disregarding a basic principle
that exists in society, which is the principle of equality between women and men,
since by exceeding the rights of others we would be violating this constitutional
principle.
The laws based on uses and customs, administrative regulations and the
agreements and contracts that have a determined validity, either by the person or
persons who issued them or by the circumstances, such as customs and uses.
Most of them are optional norms, but there are also prohibitive norms that signify
the limit of the autonomy of the freedom of the individuals or individualized
according to who issues them or to whom they are addressed.
The norms linked to the state are also called adjective, state or organic norms; they
are the ones that establish and determine the way in which the state is structured
and the functioning of its organs and also determine the powers of public servants
as well as the procedure to follow for the creation of new norms.
Another type of secondary characteristics of the norm are the primary norms and
the secondary norms.
The primary norms are those that determine the obligations that the public servants
will be in charge of, while the secondary norms are all those norms that watch over
the way in which the laws will be enforced in our country.
Optional norms, these norms allow the performance of legal acts. The imperative
norms or of public order are those that regulate and limit the capacity of the will
and at the same time are norms that must be complied with even against the will of
the individuals. Here we can see that in addition to the aforementioned
characteristics of the standard, there is another characteristic which is the
characteristic of enforceability, since enforceability is one of the most important
characteristics of the standard to be able to enforce it.Otherwise, if individuals were
against the provisions of the rules and did not agree to comply with them, we would
be in a situation in which the organization of the state would be useless, since
people would do whatever they wanted.
Finally, it is worth mentioning the existence of several meanings of the term law
depending on the approach with which it is studied.

SCIENCE AND LEGAL SCIENCE

Science is one of the most important cultural products we have and we can divide
it into formal science and factual science.
Formal science deals with concepts or ideal entities, abstract creations that do not
deal with the facts that happen in reality, the factual sciences start from a previous
rationality, that is, from a series of ideas and concepts previously accepted,
product of the experience that has certain coherence between them. Both formal
and factual sciences are based on rational and ordered systems. The former have
their own logical systems by means of which the concepts used can be verifiable at
all times, while in the latter such experimentation takes place through experience.
Law is composed of various concepts, however it is not a science whose object is
the search for the verification of postulates neither at the conceptual level nor at
the level of experience.
Law is not a science with the same characteristics as the formal or empirical
sciences, it cannot be said that it is a formal science since it does not meet the
requirements to be one, law has mostly abstract concepts that do not need to be
verified, at most they will require congruence with the statements from which they
are postulated. It is not a factual science either, since the statements that each
theory raises are necessary to be verified as such in the social reality; which is very
reasonable and understandable since society is formed by different people, each of
whom has a different way of thinking than the people who are in their environment,
so it will not be possible to verify a postulate, since each case of each person is
different from that of the others and the postulate for each one will change
irremediably. The verification obtained will be when it has been introduced in the
case, for example, of the postulate of a rule, in the society itself, since only in this
way we can realize that if the newly created rule is turning out according to what
was planned.

The study of the law proposed follows the division of the same in two main
aspects: the historical method, and the method of pure theory, which was proposed
by HANS KELSEN.
The pure theory clears legal science of any kind of valuational consideration by
placing as its object of study a purely ideal one.
For the construction of a solid structure of the basic postulates of a theory it is
necessary to comply with requirements such as: logical unity, interpretability,
representability, semantic simplicity, epistemological requirements, explanatory
capacity, predictive capacity, depth, predictive capacity.
Science is aided by methodology for its formation; methodology has been
understood as the science of method. In general terms, a method is the means by
which we use to know an object of knowledge.
Putting things in order is not always the simplest thing to do, since as far as the
legal technique is concerned, some steps must be followed to be able to carry it
out as it should, which are:
scrutability, indicates the capacity to search and control so that the evidence or
arguments provided to prove the postulates are congruent.
refutability, it is the argument or proof whose main objective is to destroy the
reasons of the contrary.
confirmability, an objective verification of the pros and cons of the postulates is
required, hence it is the only criterion of proof of a theory.
methodological simplicity. It is necessary for complex theories.
Legal methodology studies the problems inherent to the methods used by legal
science to know its object.
The purpose of the doctrine is to expose what is studied in written form in such a
way that it is sufficiently logical in its explanatory phases, and depending on its
truth or falsity, can provide the reader with sufficient elements to formally
distinguish the elements of the subjective right, the legal norm, the sanction, etc.
And the process to get to know that content; the methodology.
It is important to remember that the study of law is not limited to the documentary
part, but must be complemented by an empirical part, through comparison with
social reality.
The philosophy of law studies the purposes and values that are sought through
legal regulations. The exposition of these purposes to values has been embodied
in the different iustanaturalist and positivist aspects of law. Legal dogmatics is
another aspect of the science that determines the postulates of law and puts them
up for discussion, so it is aided by the various methods of interpretation to achieve
the reinterpretation of legal texts.
Finally we have legal philosophy and legal sociology. The legal philosophy is in
charge of the study of the knowledge of the reality of law, while the second is in
charge of the study of the existing relations between the individuals that conform a
society and the regulations (norms) with which these are directly linked.

DEFINITION OF LAW
The main sources of creation of law are legal facts and legal acts.
Legal facts are events or occurrences that take place in a specific place and time
and modify a reality. Negative legal events are subdivided into three: natural,
involuntary and voluntary.
Among the natural negative events, the doctrine distinguishes two: force majeure
and fortuitous event. In both cases, the sequences prevent the person who had
obligated himself to an omission or action from complying with it. The fortuitous
event exonerates the debtor's liability because the non-performance does not
come from his will, but from an external fact that he cannot resist.
The involuntary negative facts are events or occurrences linked to human will.
Voluntary negative facts, also known as illicit facts, in the CCF establishes that:
Whoever acting unlawfully or against good customs causes damage to another, is
obliged to repair it (art 1910).
Legal facts can also be positive, which in turn are subdivided into: natural,
voluntary and involuntary. The former being the result of natural phenomena that
grant something or enrich some person, the latter are events or occurrences that
owe their existence to the free and conscious intention of man. The latter are those
events or occurrences that although linked in some way to the human will, were not
carried out with the purpose of producing legal consequences resulting from them.
Legal acts are defined as a manifestation of the will that is carried out with the
intention of producing legal consequences. It is indispensable that there be a free
will combined with the legal capacity to issue it.
The act will be affected by nullity if any of the aforementioned elements is missing.
Such nullity may be absolute or negative; the absolute nullity does not disappear
by confirmation or prescription, it is perpetual and its existence may be invoked by
any interested party; while the negative nullity may only be invoked by the party
involved.
Legal acts may be subject to the following modalities: term or term; condition or
mode.
The legal norms are the rules of human conduct that confer powers or impose
duties or grant rights so that individuals in society can behave properly, live in
harmony will ensure their exchanges, otherwise people would live in an
environment too hostile. On the other hand, I think it is important to emphasize that
the rule is the basis of any law, since it is the set of rules that make up such law;
the definition of the rule, i.e. what is meant by rule, is in my opinion a good point,
since sometimes different points of view are used, which often create errors.
Two essential elements that prevail in any type of rule are: validity and
enforceability. The validity of the rule is a fundamental characteristic, since it is said
that it is valid when the rule is complied with by the individuals who are responsible
for complying with it, the rules can therefore be generic and individualized, likewise
in Mexico the executive branch is responsible for enforcing the laws and for the
same purpose special regulations are created for the different aspects of the law.
On the other hand, we can speak of validity from two different points of view, which
can be determined validity and indeterminate validity; the rules of determined
validity are those rules which are established from the beginning at the moment of
their creation, the moment in which the same rule will cease to be valid; while the
rules of indeterminate validity are those which are established from the beginning
at the moment of their creation, the moment in which the same rule will cease to be
valid.The rules of indeterminate character are all those rules which have not
established the time for their extinction, i.e. they are valid until they are repealed or
abrogated, or until the creation of a new rule makes the previous one of the same
type superfluous.
The validity of the rule is the characteristic that the same rule has to be put to the
service and regulation of society, it is said that a rule is valid from the moment that
through the legislative process of creation of a law, based on Article 72 of the
Constitution, it is put into effect and published in the official journal of the
federation.

NORMATIVE ORDERS
The term norm is used in two senses, broad and strict. In the first, the norm is any
rule of behavior that is obligatory or not; strictly speaking, the legal norm is the rule
that imposes duties and confers rights. Rules of conduct that are mandatory or that
grant powers are called norms, while rules whose compliance is optional are
known as technical rules. Both the norms and the tecina rules are rules of conduct.
The former grant rights or prescribe obligations, the latter establish means to
achieve an end.
The law is defined as the obligatory and general legal norm dictated by the
legitimate power in which all the requirements for its creation have been fulfilled
and whose purpose is to regulate the conduct of men.
The legal norms are rules of bilateral conducts or imperative attributive, external,
coercive and heteronomous.
It means that a legal obligation in charge of certain person brings along a right in
favor of another person to demand the fulfillment of the same; they are external
because they sanction the external conducts of the individuals and secondarily, the
internal aspect of the same; they are coercive since the public authority can resort
to violence to enforce a legal duty; and the heteronomy means that the creator of
the norm is an entity different from the addressee.
Moral rules are unilateral because there is no other person authorized to demand
the fulfillment of their duties; they are unenforceable because their fulfillment is
spontaneous, that is, these precepts do not admit the use of force to achieve their
compliance; and they are autonomous because both the obligor and the creator of
such rules are the same person.
Religious norms are internal norms established by a particular religion or belief
whose norms a person accepts, or a religion or belief in which the person
participates. These norms are of an internal nature because they help the
individual to approach God and thus attain eternal life. They are both external
manifestations product of an individual decision and spontaneous compliance.
Social norms are the rules of courtesy, etiquette, also called social conventions.
These allow us to lead a more pleasant and cordial social life, or to conduct
ourselves according to rules established for specific circumstances and moments.
If we do not respect these rules we will have a sanction: society will marginalize us,
but such sanction does not have characteristics indicated in the legal framework,
that is why it has been said that social conventions are external, unenforceable,
heteronomous and unilateral rules of conduct.

As regards the spatial scope of the norm, legal norms are elaborated to be applied
in a given society; law is a cultural product and therefore relative to a specific
society. In the temporal scope of the standard,. Legal rules enter into force as of a
certain date, which may be the date on which they are published in the official
gazette or newspaper, the date on which a judgment is rendered.
In the personal sphere of the rule, the legal rule is valid for the whole society or for
part of it. In the material scope of the norms, it is the matter that the norm
regulates.
According to the hierarchical level of the norm, in each legal system there is a
fundamental or original legal norm, arising from the revolution, the conquest,
independence, consensus, etc.
The constitution is composed of 136 dispositive articles and 16 transitory articles.
The Constitution itself establishes federal jurisdiction and jurisdiction for the states.
When a legal norm alludes to a conduct attributable to an undetermined number of
individuals, we are in the presence of a general legal norm. A legal rule is
individual when it is addressed to one or more individuals in a personal manner.
The substantive legal rules consist of a condition or assumption and a legal
consequence.
The adjective legal rules indicate the procedures to be followed to produce new
rules, they indicate who are judges or applicators of the law.
Another type of legal rules are the so-called explanatory or descriptive ones, which
are rules used by the legislator to explain or describe the object, type or nature of
the legal rules he has issued.
Subjective law is the authorization of conduct to a subject by the power of the rule
that prohibits, empowers or requires a duty. For its part legal duty is the restriction
of the external freedom of a person derived from the power granted by another or
others.
For the law the physical person is the individual, the human person subject to
rights, duties and powers. The legal person or juridical person is a company or
association of a typical product of the legal abstraction, it is the entity to which
certain rights, duties and faculties are described. In both cases rights and duties
and faculties represent what in law is known as legal personality¸ the attributes of
the natural person are: capacity, marital status, patrimony, name, domicile, and
nationality.
There are concepts originating from the social reality that indicate in the field of
law, these are the real concepts. The main one is the society since it is the
fundamental principle
CLASSIFICATION OF LAW
The law as a legal order, is composed of various elements or rules, for whose
study and knowledge it is necessary its systematization; being classic the division
of public and private law.
Natural law is an order that is part of morality, which is not recognized by the public
power; positive law is an order created by the state, which may or may not be
based on the so-called natural law and therefore does not cease to have binding
force.
The rules recognized or created by the public power are designated with the name
of current law. The law in force is also made up of generic principles that constitute
binding jurisprudence. In individual cases the law in force is itself integrated by
judicial and administrative decisions, contracts or agreements that specifically in
each case, establish rights and obligations for the persons directly involved.
Objective law is the law as a rule, and subjective law is the power derived from the
rule.
The expression adjective law has been used to refer to the rules of procedural law.
Procedural or adjective law is composed of the set of rules governing jurisdiction
and the elements necessary for its exercise.
According to the classic division between public and private law, public law is
defined, according to Patrick Courbe, as the set of rules that regulate the
organization of the state and the procedures between the state and private parties.
As part of the same we have the following subdivision:
Constitutional law, is composed of a set of rules that have as their object the
organization of the state and the functioning of its powers. Administrative law is the
set of legal rules that regulate the functioning of the executive branch and its
relationship with the governed.
Procedural law is a discipline that regulates the treatment and development of
three basic elements: a) jurisdiction b) the process c) the action.
Criminal law is the branch of law that aims to protect the fundamental values of
individuals, society and the state.
On the other hand we have private law, which is defined as the set of rules that
regulate relations between individuals either individually or collectively. As part of
the same we have the following branches:
Civil law, defined as the set of rules governing the relations of individuals among
themselves and of these with the state, the latter acting privately.
Commercial law, understood as the set of rules governing the activity of traders,
the creation of commercial acts and relationships arising from these acts.
Banking law, which is a subdivision of commercial law, governs the relations of
merchants operating as national credit companies.
Other branches of law presented are: air law, which is the set of rules governing air
navigation, aircraft and airspace; as well as the indispensable elements of the
contributions payable by individuals. Military law, which refers to the norms that
coordinate and arrange the relations derived from martial life. Canon law, which is
the system of juridical norms that regulate the internal and external relations of the
Roman Catholic, Apostolic and Roman Church, and that ensure the relations of the
Christian community of life in order to fulfill the purposes of the institution. Maritime
law, which is the set of rules that regulate traffic and related activities.
Legislated law is that created by the legislative body, written law is that whose
provisions have been drafted in written documents duly promulgated by the
competent authority, and customary law is that arising from the constant practices
within a society, which recognizes them and gives them the characteristic of
binding.
While international law is defined depending on the particular characteristics of its
two branches; public and private.
Public international law is the normative set intended to regulate the relations
between international subjects. Within this branch are human rights, which have
become an important part of the international agenda for states.
Private international law is the body of law that regulates international legal traffic
in the field of coordination between individuals who are subject to different legal
systems, or when the acts performed are subject to a legal system other than the
one whose recognition is sought.

SOURCES OF LAW
When we analyze the law based on the needs and objectives of a given society,
we are faced with what are known as the real sources of law. Formal sources, as
their name indicates, are instruments through which it is intended to know when
and under what conditions a legal rule is valid and binding.
Among the formal sources of law is legislation; the legislative process which is the
set of acts aimed at the creation of the law. This process comprises several
phases.
the elaboration of the law itself respectively, starting with article 71 which states
that the competent authorities to propose a law may be THE PRESIDENT OF THE
REPUBLIC IN TURN, THE CONGRESS OF THE UNION (meaning both
chambers), and THE LEGISLATURES OF THE STATES.
Article 71 of the Constitution states that the competent authorities to propose a law
may be THE PRESIDENT OF THE REPUBLIC IN TURN, THE CONGRESS OF
THE UNION (meaning both chambers), and THE LEGISLATURES OF THE
STATES. Art. 72 on the other hand, it bases the process following a series of six
steps that are described below:
1.- INITIATIVE
2.- DISCUSSION (which is the responsibility of both chambers)
3.- APPROVAL (in the event that both accept)
4.
PUBLICATION (act by which the reform is published in the Official Gazette of the
Federation and in the local gazettes).
6.- INITIATION OF THE ENFORCEABILITY
the above also happens in the event that the elaboration of the law goes
"smoothly", that is to say that there are no inconveniences for any of the parties
involved in the process, otherwise another series of steps will have to be followed
so that the reform can be published and enter into force.
a case in which a law which is causing problems in society and in the law by not
being respected, by the act of piracy since the law strictly prohibits this act and
punishes it but on the other hand we see that most people make or buy apocryphal
articles which are sold at very low cost, thus making the consumer's preference.
This type of problem could be solved if the law (meaning the laws) were made
naturally and positively, since otherwise the law would be infringed by the
governed and that is when it comes into conflict and gives us problems when we
want to follow it to the letter.
As mentioned above, the law is created through the 6 steps mentioned in article 72
of the Constitution, but this process can be undermined by the fact that some of the
co-participants object to the law trying to make it viable. The professor mentioned
which would be the possible variables and they are mentioned below:
The law goes through 3 instances which give it the "go ahead" so to speak, which
are the CHAMBER OF ORIGIN, REVIEW CHAMBER, a result is generated and it
goes to P. EXECUTIVE.
Cases in which the law is delayed:
When the chamber of origin approves the law it is sent to the reviewing chamber
which, after examining it, rejects it totally, the result in this case is that it is sent
back to the chamber of origin for restructuring.The result in this case is that it is
sent back to the chamber of origin for restructuring, after being modified it is sent
back to the reviewing chamber and if it is rejected again, the result is that it can no
longer be presented in the same session.
When the chamber of origin approves the law, it is sent to the reviewing chamber
and after careful analysis it is rejected by the reviewing chamber, the result is that it
is sent back to the reviewing chamber for amendment.Once it has been modified, it
is sent back to the reviewing chamber which, after analyzing it, finally accepts the
proposal, in this case the result is that it is sent to the executive branch, which will
be in charge of the modification. In this case, the result is sent to the executive
branch, which will be in charge of its publication.
When the chamber of origin approves the law, it is sent to the reviewing chamber
and after careful analysis it is REJECTED ONLY IN PARTS, the result is that it is
sent back to the reviewing chamber for correction.Once it has been modified, it is
sent again to the reviewing chamber, which after analyzing it finally accepts the
proposal, in this case, the result is that it is sent to the executive branch, which will
be in charge of the revision of the law. In this case, the result is that it is sent to the
executive branch, which will be in charge of its publication.
Case 4 is that the law once approved by both chambers is refuted by the president
taking refuge in his right of veto, then it will be modified and if both chambers agree
again it will be published since the president will not be able to make use of this
right again.
Jurisprudence is an integral part of the current legal order, since it is the
formulation of legal precepts achieved through judicial resolutions. when such
rulings are binding in subsequent cases. In Mexico, jurisprudence is issued by the
collegiate circuit courts and the supreme court of justice of the nation; the
jurisprudence of the latter is binding on all other courts.
The law is complemented by the creation of rules through customary law, legal
interpretation through general principles and the contributions of legal scholars
through doctrine. In Mexico, uses and customs are admitted only as in the case of
commercial, labor and financial law, among others.
Judgments, contracts and unilateral acts and acts of will are a source of normative
creation because by individualizing and specifying special and abstract legal norms
in specific cases, they generate situations, rights or obligations that did not
previously exist. Finally, the real sources are those composed of all the
characteristics and needs of a community, which in turn delimit the content and
scope of its own legal noemes. An example is the lex mercatoria created by the
needs of international law.

THE STATE AND LAW

At present, the concept of the state does not include any reference to the purposes
of that institution, be they moral, religious or otherwise, but rather, modern
definitions are limited to describing its nature, with the purpose that it should
contain the essential elements proper to any state in the world, a natural tendency,
on the other hand, towards uniformity.The concept of the state today does not
include any reference to the purposes of such an institution, whether of a moral,
religious or any other kind, but rather modern definitions are limited to describing
its nature, with the aim that it should contain the essential elements proper to any
state in the world, a natural tendency, on the other hand, toward uniformity of
concepts that is linked to the modernity of the state, at least in the West.
George Jellinek defined the state as a human group that has come together as a
people living in a given territory, and which has a power that rests on an
organization.
Like all modern definitions, Jellinek's definition contains three key elements:
people, territory and power.
Basically, any new definition of the state is nothing more than an interpretation of
these three elements, even in the birth of new political organizations such as the
European Union.
By people or population we mean the human element that makes up a political
unit. Each state autonomously determines which persons are to be considered as
belonging to it and who are to be considered as foreigners. In Mexico the
constitution and the nationality law regulate this status.
Territory is the geographic area where the state exercises its power. The territory
of the state requires a clear delimitation and precise definition of its borders, since
the exercise of state power can only be validly executed within the limits of this
territory. At a time when the power of the state is exercised through legal norms,
state territory is the area where its legal norms are generally validly applied. The
territory of a state is delimited by borders. There are three types of borders: land,
sea and air.
The power of a state must possess the capacity to manifest itself inwardly and
outwardly as a force that is worth and self-determined: sovereignty. The state is
organized in organs to carry out its function; since it is the maximum expression of
the centralization of power. In this way it exercises power through the exercise of
political activities, which allows the organization of the group as such through its
dominion functions.
The full maturity of the state political institution was reached when the demands of
unitary and planned regulation of political relations for a territory made necessary
the codification of public law in a unitary document which is known as written
constitution.

CONCLUSIONS:
The introduction to the study of law is a subject of utmost importance that is
essential for the law student and that offers at all times a broad vision of the
subject in question, the same that from a too basic point touches most of the most
important topics that will be necessary for the student to obtain a broader criterion
of what is lawyering.
The author of this work (Leonel Pereznieto Castro) offers us from his point of view
a very well defined panorama of some important aspects for the law such as the
definition of the norm, definition of the state, concept of person, types of norm, etc.
On the other hand, I think that this type of work provides us with a basis for legal
thinking, since by observing in detail the different points of view of authors such as
the present one, we will be able to improve the panorama we have about law.