UNIVERSIDAD YACAMBÚ

VICERRECTORADO DE INVESTIGACIÓN Y POSTGRADO

FACULTAD DE CIENCIAS JURIDICAS Y POLITICAS

“Law and its importance in society”

Autor:

Lilian Aranguren

Cabudare, noviembre 2022

La The historical development of man has been taking place in three
three specific fields: body, mind and society.
society. Man, lacking cycles of sexual activity,
(Cycles of jealousy), man, lacking cycles of sexual activity like other
animals (cycles of jealousy), found himself in need of the constant
presence of women.
the need for the constant presence of women, which could have given
rise to the figure of the family and the hierarchical position
hierarchical position within a nomadic community that
sedentary coexistence and who begin their existence with a sense of
help and protection, thus creating a social relationship between mother
and social relationship between mother and children, thus creating a
hierarchical thus creating a hierarchical social group.

The first juridical features may be based on the social

the social relationship described in the previous paragraph,
in terms of a style or class of family law.

The transition to agriculture forces the first generations to

the first generations to form communities where mutual help and
cooperation
mutual aid and cooperation, thus giving rise to the legal ideas that
legal ideas that established parameters in terms of property and
possession.
property and possession.

The old villages, now large cities, were forced to diversify them
forced to diversify their production in order to compete in a primitively

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capitalist primitively capitalist world, which allows a division of labor
division of labor and thus propitiates the emergence of trade.
of commerce, and it is here at last that we find the first legal
first juridical documents, written in cuneiform alphabet
alphabet that deals with such lucrative activities.
lucrative activities.

Now, to go directly to the historical basis

historical basis of law today, that is, contemporary law, we have
Roman law.
contemporary law, we have Roman law.

It is worth noting that there is ancient evidence of sources of law other

Roman law, such as the Code of
sources of law other than Roman law, such as the Code of Hammurabi
and his Hammurabi and his Talion Law.

ROMAN LAW
Most of today's legal norms have their origin in the roots of Roman law.
today have their origin in the roots of Roman law.
Roman law. Its contribution in legal matters to the world has been in
the field of private law. Our modern law has its origins in
originated in the customs and as a model of Roman law, in matters of
civil law, especially in the area of obligations.
Law is very important in the current organization of
society, since it is the one that rules and regulates the coexistence
among coexistence among individuals, creates organizational
structures and allows to establish
and allows to establish criteria and forms of coexistence.

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In principle, let us say that it is a set of rules of a general nature, which
Are general character, which are dictated to rule over the whole society
or pre-established society or sectors pre-established by the needs of
social regulation, which are social regulation, which are imposed on
the addressee in a compulsory manner, and whose and whose non-
compliance must entail a coercive
coercive sanction to the state's response to such actions.
actions.

IN OUR COUNTRY
The importance of law for our country is practically the same
practically the same exposed for the world.
country is based on a juridical structure of organs and
and the powers that direct them have their foundation strictly on the
legal strictly based on the juridical bastion; from the election of our
representatives to the structuring of to the structuring of the legal
instruments (constitution (constitution, in its approval). The legal norms
in our country, establishes mechanisms so that legal continuity is
always maintained
continuity and that there are no prolonged gaps.
Morals are the rules or norms by which a human being's conduct is
conduct of a human being in accordance with society and with himself.
and with himself. This term has an opposite meaning
opposite to "immoral" (against morality) and "amoral
"amoral" (without morals). The existence of actions and
The existence of actions and activities susceptible of moral valuation is
based
human being as a subject of voluntary acts. Therefore, moral
Morality is related to the study of freedom and encompasses man's
action in all its manifestations.

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action of man in all its manifestations.

Morality is the quality of human acts by virtue of which we designate

them as good or bad, right or wrong.
by virtue of which we designate them as good or bad, as right or
wrong.
wrong. It is a common term
the goodness or badness of a human act, without specifying to which
specifying to which of the two it refers. The opposite of the
moral is properly the non-moral, terms that indicate that the act has no
moral
the act has no moral meaning at all, that it simply does not refer to
morality.
does not refer to morality. The word amoral is also used
in this sense as well, but it is more often applied to people lacking a
sense of
more often applied to people lacking a sense of moral responsibility.
responsibility. Since the word immoral means morally wrong,
indicates an act that possesses a definite moral quality (a bad act).
bad act). If clearly opposed to immoral, the term moral means morally
good.
moral means morally good. Thus, moral and immoral
immoral are contradictory, because everything has or does not have
some reference to morality.
reference to morality; morality and immorality are opposites,
insofar as they mark the extremes of good and evil in the field of
morality, excluding what is morally good and what is immoral.
moral, excluding what is morally neutral or insignificant.
insignificant.

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The word "moral" has its origin in the Latin term mores, whose
meaning is "moral.
Therefore, "moral" does not in itself
concept of bad or good. It is, then, the
customs which are virtuous or pernicious.

Living in society generates moral norms, since moral norms exist in the
conscience of each individual.
moral norms exist in the conscience of each one, this causes that there
are different
This causes that there are different points of view and therefore
problems in the problems at the moment of considering the different
existential responses existential responses that people have to them.

Ethics is the science that studies human

human behavior in terms of what is good and bad, the behavior in its
behavior in its duty to be, that is, how such behavior should be.
behavior should be.

INFLUENCE OF MORALITY AND ETHICS IN THE FORMATION

AND EVOLUTION OF LAW.
OF LAW
Man is a social being and therefore develops in society, which with the
passage of time society, which with the passing of time generates
customs and certain behaviors. The behavior of men in society
society is almost always subjected to the action of these customs
customs that generate moral norms

Now the development of legal norms is

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is influenced by morality, which generates a certain harmony between
the moral and the legal. harmony between the moral and the juridical.
It is desirable that the legal norm be in harmony as much as possible
with the ways of thinking and feeling of the people.
the ways of thinking and feeling of the people whose conduct it will
regulate, i.e., that is whose conduct it will regulate, i.e., with their
beliefs and moral convictions.
moral convictions, which is why the legislator is influenced by moral
norms in the creation of moral norms, moral norms in the creation of
the law.
law.

The definition of ethics tells us that this

is the science that studies the goodness or badness of human acts.
human acts; therefore, it obtains its normative character that studies
what is normal, but not what is
studies what is normal, but not what is normal in fact, which is what
usually happens, but what is normal in law, i.e., what is normal in law,
i.e., what is normal in law.
what is normal in law, that is to say, what should be.
therefore, Ethics is a science that studies what is normal in law.
normal in law. Therefore, we can say that one is
acting in an ethical way when in this conduct what is normal in fact
coincides with what is normal in law.
normal in fact coincides with what is normal in law.

Theoretically, we could differentiate

two main groups: social ethics and individual ethics.
individual. Within individual ethics, there is also an interpersonal ethics,

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interpersonal ethics, which governs the behavior we have in relation to
others the behavior we have in relation to other individuals.
individuals. This is where professional ethics can be
professional ethics, since it governs the behavior of the professional in
his or her
work activity.
The principles governing the profession
are obtained through methods similar to those of general ethics:
dialogic, inductive and general ethics: dialogic, inductive and
deductive. To know the ethical and moral foundation of a code of
ethics, it is code of ethics, it is necessary to study the professional
professional activity itself, and the work of a philosopher who is
work of a philosopher who does not know the profession is not enough.
profession.

The ethics of the professions moves at the intermediate level of

specific or "applied" ethics.
intermediate level of specific or "applied" ethics.
In the exercise of his profession, the professional is at stake, not only
to be a good or bad not only to be a good or bad professional, but also
his or her ethical being. A person is not considered to be an ethically
acceptable person ethically acceptable person who in all areas
and fulfills his duties, except in the exercise of his professional
responsibilities.
Professional responsibilities. The general ethics of the professions
the professions are posed in terms of principles: the beneficence
principle, the principle of principle of beneficence, the principle of
autonomy, the principle of justice and the principle of principle of
justice and the principle of non-maleficence.
deontologism poses ethical issues in terms of rules and duties.

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rules and duties.

Principles are distinguished from norms in that they are more generic
than norms. More generic than norms. Principles place before our eyes
the great themes and values of living and acting.
and acting. Norms apply principles to more or less concrete, more or
less more or less concrete, more or less generic.
generic. Standards usually refer to some kind of circumstance, even if
only in terms of some kind of circumstance, even if in generic terms.
generic terms. But principles also become intelligible when they
intelligible when they acquire normative concreteness and make
reference to the situations in reference to the situations in which they
are invoked and applied. In general terms, a principle enunciates a
valuable value or goal. value. The norms, on the other hand, in
attempting to realize the principle under which they are subsumed, say
under which they are subsumed, say how a principle should be applied
in certain situations. Principle should be applied in certain situations.

Both norms and principles are universal, even if the scope of the
even if the scope of application of principles is broader and more
general is broader and more general than the specific rules that fall
under that fall under the principle.
From the perspective of professional ethics, the first criterion for
the first criterion for judging professional actions will be whether and
how and how it achieves those goods and services (principle of
beneficence) and provide those services (principle of beneficence).
Since all professional actions are aimed at other people, treating
people, treating people as people, respecting their dignity, autonomy
and autonomy, respecting their dignity, autonomy and rights would be
the second criterion (principle of autonomy). the second criterion

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(principle of autonomy). The professional actions are carried out in a
social environment with multiple demands to be prioritized and more or
less limited resources to be and more or less limited resources that
must be administered with criteria of justice (principle of justice). And,
in any case,
avoid causing harm, do not harm anyone who may be involved or
affected by the who may be involved in or affected by a professional
action (principle of non-maleficence).
professional action (principle of non-maleficence).

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