The purpose of this presentation is to explain on what bases knowledge is based; which is later reflected in standards and how its evolution over time is justified. Although legal norms are always behind the facts and acts of which they are the object, they recognize as cause and origin the “knowledge” of such acts that acquire the necessary relevance to become norms (laws, decrees, regulations, etc.).
At present and with the advent of Technology, the processes of change have accelerated and it is becoming increasingly important to “know the bases and foundations of the regulations”, even before they are embodied as such, even to plan and guide the legislator.
This essay tries to clarify and expose the order of priority of the disciplines that give origin and foundation to the law.
Next, we will list and explain them briefly, according to the order that each one has, as follows:
PHILOSOPHY
Philosophy is a doctrine that uses a set of logical and methodical reasoning about abstract concepts such as existence, truth, and ethics based on the essence, characteristics, and causes and effects of natural things such as human beings and the universe.
Philosophy comes from the Greek word φιλοσοφία and from the Latin philosophia, coined by Pythagoras in Ancient Greece, which means ‘love of wisdom’ or ‘friend of wisdom’. This term also names the theories and systems of thought developed by one or more authors within this field.
The philosophical doctrine is divided into:
- according to their chronology: ancient philosophy or modern philosophy
- according to its theme: logical philosophy, epistemological philosophy, ethical philosophy, and metaphysical philosophy among others.
- according to the style: analytical philosophy among others.
- Greek philosophy is a reference to classical philosophy. Among its greatest philosophers are Pythagoras, Socrates, Plato, and Aristotle.
- Philosophy is also the spirit, principles, and general concepts of a subject, a theory, or an organization. It also refers to a proper way of understanding the world and life.
- Philosophy also means temperance, strength, or serenity to face a complicated situation. In this sense, the expression ‘to take things philosophically’ means to relativize a problem.
- You may also be interested in reading about “I only know that I know nothing” by Socrates, “know yourself” implicit in Plato’s Dialogues, or “man is a political animal” by Aristotle
ETHICS
Ethics is a branch of philosophy devoted to moral questions. The word ethics comes from the Latin ethĭcus and from the ancient Greek ἠθικός (êthicos), derived from êthos, which means ‘character’ or ‘belonging to character’.
Referring to the workplace, we speak of professional ethics, and that may appear included in the deontological codes that regulate professional activity. Deontology is part of what is known as normative ethics and presents a series of principles and rules of mandatory compliance.
Values are those principles, virtues, or qualities that characterize a person, an action, or an object that are considered typically positive or of great importance by a social group. They are those qualities that stand out in each individual and that, in turn, drive him to act in one way or another because they are part of his beliefs, determine his behaviors, and express his interests and feelings.
In this sense, values define people’s thoughts and how they want to live and share their experiences with those around them.
However, there is also a series of values that are shared by society and that establish the behaviors and attitudes of people in general, to achieve collective well-being.
Therefore, they can be classified by their importance according to the priorities of each person or society.
Among the most important values, human values stand out because they have greater recognition and repercussion in different social groups. These are related to ethics, respect, tolerance, kindness, peace, solidarity, friendship, honesty, love, justice, freedom, and honesty, among others. For example, freedom is a human value that all people possess to make decisions and to be able to express their feelings and opinions.
Now, when it comes to those values that are applied to a group of people in which cultures and social characteristics are taken into account, then the reference is made to social values and cultural values.
Likewise, in more specific contexts, other groups of important values are also determined, such as family values, and religious values, among others.
On the other hand, axiology is the branch of philosophy whose object of study is values and value judgments.
MORAL
Ethics is different from morality because morality is based on obedience to norms, customs, and precepts or cultural, hierarchical, or religious commandments, while ethics seeks to base the way of living through human thought.
In philosophy, ethics is not limited to morality, which is generally understood as custom or habit, but seeks the theoretical foundation to find the best way to live, the search for the best lifestyle.
Ethics can be confused with law, but it is not uncommon for law to have been based on ethical principles. However, unlike the law, no person can be forced by the State or by other people to comply with ethical norms, nor suffer any punishment, sanction, or penalty for disobeying them.
Universal values are the set of characteristics and norms of coexistence of the human being considered as positive and valid qualities at a given time. They are usually considered innate to human nature.
They are the object of the study of ethics, morality, and philosophy. Specifically, axiology dedicates its study to values and value judgments, just as human rights are also based on what is considered universal values. Its concept is broad and open to interpretation. Although they are values to which importance is given, each person tends to prioritize some of them according to their scale of values, especially when there are situations of conflict between various universal values.
Therefore, it is considered that universal values define the attitudes of individuals to live harmoniously with family, friends, co-workers, and other people.
POLICY
Politics is the science of governing a State or Nation, and also an art of negotiation to reconcile interests.
The term comes from the Latin politics and this term from the Greek politiká, a derivation of the polis that designates that which is public, or politikós, which means ‘civil, related to the ordering of the city or the affairs of the citizen’.
The meaning of politics is very broad and is related, in general, to what refers to the public sphere.
Political science deals with how a government acts on certain social and economic issues of public interest: education policy, security policy, salary policy, housing policy, and environmental policy. , etc., which are generalized in the term public policies.
A political system is a form of government that encompasses the political institutions to govern a nation. The monarchy and the Republic are the traditional political systems.
Within each of these systems, there can be significant variations at the organizational level. There are various types of political ideologies such as totalitarianism, conservatism, socialism, liberalism, nationalism, anarchism, etc.
In a broader sense, the term policy can be used as a set of rules or norms of a certain institution.
For example, a company may have a policy of hiring people with disabilities or not hiring women with minor children. A company’s labor policy is also defined by its vision, mission, values, and commitments to customers.
And so we arrive at the “NORM”, that is to say, Law in general and in all its breadth of concept.
RIGHT
Law comes from the Latin word directus which means ‘straight’ or ‘placed in a straight line’ in what derives in general terms to justice. So ‘having the right to something’ means that something is yours for equal justice such as human rights, children’s rights, and civil rights, among others.
The law in classical Latin, “ius” was the term used to designate objective law, the set of rules (which evolved to ‘right’). The term ius (jus) originated the creation of words such as fair, and justice, among others.
Ius is a term from Roman law; its definition today can be equated to that of objective law: it refers to the set of rules and norms that make up a legal system.
Juventius Celsus Jr., a Roman jurist who lived between the 1st and 2nd centuries of our era, defined ius or law as “the art of what is good and equitable” by stating, in Latin: “ius est ars boni et aequi”.
This statement is considered one of the fundamental dogmas of Roman law since some of its principles are condensed in it.
In the first place, the reference to the ars has usually been taken in the sense of teckné (in Greek, τέχνη), which alludes to a ‘know-how’.
The good (boni), for its part, would refer to what is morally considered adequate or correct.
And the equitable (aequi), in turn, would come to refer to justice applied to particular and concrete cases, where the scales should never tip to either side, but instead considers all the actors as equal before justice.
In short, the ius made reference, in Ancient Rome, to the set of good and fair norms elaborated by men and applied to men (to distinguish them from divine right or fas), hence we can consider it as an equivalent before our current concept of law.
From ius, in turn, other voices are derived, such as iudex, which means ‘judge’; iustitia, ‘justice’; or iurisprudentia, ‘jurisprudence’.
The meaning of law can refer to the science of law or a set of legal rules in force in a country (objective law). It can also have the sense of being straight, correct, to act correctly, with rectitude.
The science of Law is a branch of the social sciences that studies the obligatory norms that control the relationships of individuals in a society. It is a discipline that transmits to Law students a set of knowledge related to the legal norms established by each country. Among them are civil law and criminal law and constitutional law.
The set of rules in force in a country is also known as objective law. The objective law encompasses both the legislation of each country and the set of legal rules of a particular branch of Law, for example, administrative law, commercial law, tax law, international law, and labor law, among others.
The legal power to practice or not a certain act is called subjective right. In this case, the right refers to the power that belongs to an individual or group. For example, the right to receive what he paid for, the right to health, the right to a nationality, the right to demonstrate freely and peacefully, the right to use, etc.
Law as a set of rules is also divided into positive or natural. Positive laws are the norms created and enforced by the State; natural laws are the rules that derive from nature, that is, they are the natural laws that guide human behavior, and fundamental rights.
In short, there are countless types of law and various legal branches, such as political law, food law, military law, human rights law, labor law, social security, consumer law, etc.
ECONOMY
Economics is a social science that studies the processes of extraction, production, exchange, distribution, and consumption of goods and services. In a figurative sense, economy means rule and moderation of expenses; saving.
The word economy comes from the Latin oeconomĭa, and this in turn from the Greek οἰκονομία (oikonomía), which is derived from the union of the Greek terms οἶκος (oíkos), which means ‘house’, νόμος (nómos), ‘ rule ‘.
The concept of economy encompasses the notion of how societies use scarce resources to produce goods with value, and how they distribute goods among individuals.
The scarcity of resources suggests the idea that material resources are limited and it is not possible to produce an infinite amount of goods, taking into account that human desires and needs are unlimited and insatiable.
The resources are sufficient, but the administration is currently wrong. Gandhi once said: “On Earth there is enough to satisfy the needs of all, but not enough to satisfy the greed of some.”
Based on this principle, economics observes human behavior as a result of the relationship between human needs and the resources available to satisfy those needs.
The science of economics tries to explain the functioning of economic systems and relations with economic agents (companies or individuals), reflecting on existing problems and proposing solutions.
Thus, the investigation of the main economic problems and decision-making is based on four fundamental questions about production: what to produce? when to produce? how much to produce? and for whom to produce?
That is why we subordinate the Economy to the Law, since without the norms that guarantee the economic processes we would find ourselves in “another political and social system”.
ABSTRACT: As a corollary of the present, it is intended to establish the “philosophical law” bases to explain and give reason to new phenomena in our society and the world, such as the so-called Work 4.0, which we will discuss soon. The following article will deal with the concept of Work.
