They are a group of rules in what is based on the feelings and emotions of people (subjective). In the power that is held or given to a person to claim compliance with the set of rules acceptable to reason. As the natural right of every person and the mutual agreement of two people. That in both cases to satisfy her needs and interests in accordance with her own position.
The subjective right is divided into parts
- The inmate of power or dominion. Which consists of the possibility of doing or wanting according to the dominant of the laws and within the capacity supported by its limits. Example, the owner of a motorcycle can sell it, rent it, give it away and lend it according to the laws.
- The external of pretense. That is based on the possibility of claiming from another individual the respect of his power or dominion and. Consequently, in the possibility of responding against any aggression that is caused in the practice of that. Also covered within the margin of the legal system.
- Natural law is an ethical and legal doctrine that defends the aforementioned existence of the well-known human rights of man based on human nature, that these are first and therefore more important to positive law, which means that, the life of a individual (to give you an example), is a right that takes precedence over any positive law, for which said right must be respected and defended. Due to its fundamental or natural right character.
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Natural law and positive law
- Natural law and positive law acquire as a similarity, which are a set of rules that are as fair as possible based on the nature of man, which regulate human behavior. But despite this, there is a difference between these two systems:
- Natural law is a set of principles and values found in nature and in the mind and intuition of man. On the other hand, the positive law, are rules dictated by man in consent of the objective of regulating and controlling and managing the conduct of man in society in a positive way.
- Natural law is eternal and universal. On the other hand, positive law is provisional since it adapts to changes in society, and governs a given society, according to a behavior pattern chosen by man for his urban coexistence.
- Natural law represses positive rights, since it stops positive law in a situation where it contradicts it, being understood as an unjust law. And at the same time, it allows you to be guided in its creation.
- Since ancient times, the human being in his search for constant growth, has undergone changes that have allowed him to advance and exist until modern times. Changes in nature that forced him to seek refuge in caves and later that led him to build houses to stay in one place; changes in the environment and social environment in which they developed, allowing them to be able to relate to others. This has allowed growth in clans or groups, although the development of reasoning gave them the power to think about commanding others, and at the same time gave others the power to think about defending themselves from those who wanted to dominate them or to free themselves from the yoke of the one who oppressed them.
Conclusion
Partial legitimate faculty that is based on the feelings of the people, without those natural rules of life as the creation of our living God we are free in a positive way of good conscience. The natural is controlled because the human being has a tendency towards evil and that is where it comes in, the power that is granted to a group of people or to a person to claim their rights of natural life, limit what belongs to others according to the established laws ” objective power”. You have the power to claim your good and positive human rights, which are controlled when there is an environment or geographical area with several social groups that interact with each other in the same area, among the most prominent rights we can name:
- All people are equal
- People have the right to life
- They are equal before the natural law
- They have the right to freedom, free will
- They have the right to food.
Without our natural rights, human beings could not coexist and coexist among ourselves.
This is how we conclude with the writing of this article. We hope that the concept and meaning of subjective law has been clear and that the doubt that you had at the beginning of this post has vanished.
If you want to continue learning more and know more definitions, why not continue with the concept of ” What is planning “. From our “Educate” section, we are sure you will love it.