The scope of right establishes the laws and regulations according to which the ways of living in society that people have, and the mechanisms for peaceful coexistence are ordered and organized.
In order to optimize this function, the right must have a specific language and that it is markedly clear and understandable for anyone linked to that discipline, so that everything that can be uniquely interpreted is done in that way.
The task of lawyersUltimately, it appears based on the grays or differences of interpretation between the regulations, but even so the effort for a concise right is made permanently.
One of the most important jurists dedicated to the axiology of law, founder of the language with which the discipline speaks, is Eduardo García Máynez: through language, García Máynez studied the possibility of elaborating a logic of legal duty. In this order of things, the author defines the norms and establishes a distinction between them, according to their status as broad or narrow sense.
Standards in a broad sense
Obviously, the broad sense (lato sensu) includes the strict one, so it can be said that the norm in a broad sense It implies every rule of behavior, be it mandatory or not.
The mechanisms that the human being establishes for his behavior, come from the source that they come from and contain the legitimacy that they contain, if they are considered rules of behavior they are already norms.
The rules that are not accompanied by the imposition of a duty, that is, the norms that are reached by the broad definition but not by the strict definition, are often considered technical rules: compliance is optional, and remains a rule of conduct.
Examples of standards in a broad sense
- Visit grandparents, if you have them.
- Grooming and being in a healthy condition to go outside.
- Do not steal.
- Respect differences, and ultimately resolve them through dialogue.
- Be supportive, and donate part of the surplus over what one needs.
- Strive to find the owner of what one finds on the street.
- Not participate in any illicit association.
- Inform yourself before electing democratic representatives.
- Respect the traffic lights and traffic orders.
- Respect elderly people.
Standards in the strict sense
The Strict sense, on the contrary, it is the one that concerns precisely the legal world, that is to say that the norm in the strict sense (stricto sensu) is the rule of conduct obligatory, since it imposes duties.
The subdivision of the rules is made, in addition to according to the meaning and scope, according to the origin and foundation of the rule: it may be legal, moral, ethical, religious or a social convention. Within each of the categories, norms of the two types usually coexist, but some will be more associated with one class than another.
The legal normsFor example, they must necessarily be in the strict sense, while moral standards will usually be optional.
Examples of standards in the strict sense
- Do not drive while intoxicated.
- In a church, respect the silence and the faith of the believers.
- When driving, have all the mandatory documents in their corresponding form.
- Pay for all the things you buy, both in cash and in installments.
- In an exam, do not copy or have prohibited materials at that time.
- Do not give false testimony in the framework of a legal process.
- Only carry weapons in the case of having the corresponding authorizations.
- Do not participate in illicit associations, formed by criminals.
- To pay the taxes.
- Do not trespass on private property.