20 Examples of Permissive and Prohibitive Standards
Miscellanea / / July 04, 2021
When we talk about permissive and prohibitive rules In Law we refer to a specific classification of legal norms, according to which a distinction is made between those that prevent or deny the possibility of carrying out something (prohibitive) and those that, on the contrary, recognize or clarify an established right (permissive). For example: the right to information, traffic regulations.
This classification is established, as is evident, on the basis of the nature of the mandate that the standards entail. A third possible category would be peremptory norms, that expressly order or command something or define the necessary requirements to carry it out.
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Legal norms
A Legal standard It is a legal ordinance issued by some authority to order human behavior in society, it is that is, imposing duties and conferring rights, and whose non-compliance usually leads to sanctions of a legal nature or legal.
To that extent, all legal norms are:
In general, everything legal system it is expressed through a set of legal provisions or norms. Their role is to ensure that the common order is not broken, nor are the
House Rules.Examples of permissive standards
- The right to identity. The legal provisions that provide people with access to a legal identity, their own documentation and a name, for example, obey a legal regulation that establishes this right for everyone equally and without exceptions.
- The right to own property. One of the rights most ardently defended by capitalist society and also most questioned by thought left-wing, it is contemplated in the legal regulations that allow an individual to privately own the goods that you can buy or inherit through honest and legal procedures.
- The right to a fair trial. No individual guilty of a crime of any nature shall be deprived of the right to a legitimate defense and an adequate judicial process, in which their allegations are heard and can defend their interests. The regulations that guarantee this form part of the so-called human rights and they are, in theory, inalienable.
- The right to keep silence. This formula is very frequently invoked in police television series or detective films, when the antagonist is finally caught. It is a right common to all detainees, in which they are allowed to take refuge in silence until they have the presence of a lawyer.
- The right to participate politically. All citizens who meet the age and legal status requirements set forth in the electoral code of their nation may participate in political elections when they do so. he provides, since there are legal regulations that allow it and that protect his right to choose the political representation that he deems best convenient for his interests.
- The right to education. Citizens of the countries of the world have the right to receive an education that guarantees their entry into society and transmits the values that it promotes. This is also part of the so-called human rights.
- The right to information. Citizens have the right to be informed about what is happening in their country through the media that he deems convenient, regardless of his political tendency or his personal interests, and without others deciding for him what he can or should know. This legal standard is of special interest when evaluating the performance of both the media and state regulatory entities.
- The right to fair compensation for your work. Another fundamental right of man stipulates that everyone must receive a just salary for his efforts and services, that is, the just compensation for his work, whatever it may be.
- The right to free movement. No one except the forces of public order, and having a just reason for it, can prevent another person from freely moving through the territory of his nation. This legal norm is highlighted when it comes to the right to protest, for example, which often means closing streets and preventing motor vehicle traffic.
- The right to protest. There are legal norms that ensure the Liberty of each one to protest peacefully, without this resulting in harm to his person, his or his tangible or intangible goods.
Examples of prohibitive rules
- The prohibition of theft. The foundations of society as we understand it passes through the understanding that goods are scarce and that infinite needs, so each individual must earn their access to them: through work or capitals. Hence, appropriating the property of others contravenes the very sense of the division of work and the common welfare and is expressly prohibited and legally penalized with jail.
- The prohibition of murder. Another of the fundamental prohibitions of life in society, the result of monopoly of violence attributed to the State. No person should be able to end the life of another, except in cases of legitimate defense of his own. Violating this rule carries severe legal penalties, such as years in prison or, in some countries, death itself.
- The prohibition of polygamy. While in some societies patriarchy became so entrenched that it led to the legalization of multiple marriages (a man may have multiple wives), in the West polygamy (being married to several people at the same time) is a crime punishable by law, since it is expressly forbidden.
- Protection of the minor. Since the legal separation of children and adults, more or less in the twentieth century, the protection of infants is legally expressed in the prohibition of having romantic or erotic relationships with them, in the prohibition of child labor and other prohibitive measures of that nature.
- The prohibition of nudity. Except in intimate, medical or artistic settings, in our societies nudity and immodest acts must take place outside the public space. It is forbidden to show oneself without clothes on the street, for example.
- Traffic regulations. In the automotive traffic regulations of the countries, the laws to be complied with when in charge of a vehicle are contemplated, which includes various prohibitions, such as driving in the opposite direction to that indicated, parking in prohibited areas or driving without permits suitable.
- The smoking ban. Very much in force at the end of the 20th century, the legal norms that prohibit the smoking of cigarettes and tobacco in public spaces such as airports or inside the Restaurants have spread to most Western countries, since this habit represents a detriment to the health not only of the smoker, but also of the passersby.
- The penalty for infidelity. Although it is a matter of a moral and not a legal nature, and no person will go to prison for having been unfaithful to his partner, Yes, there are legal norms that consider infidelity as a ground for divorce, for which it is tacitly found forbidden.
- The prohibition of scam. Taking the money of others through deceptive or fraudulent mechanisms is also a crime punishable by law, since it contravenes the good faith that the laws promote in all types of transactions commercial.
- The prohibition of abortion. This is a highly contentious issue in Western societies, as various feminist and women's rights groups demand permissive standards to regulate legal disruption. of a pregnancy, but the most conservative sectors of society defend the prohibitive norms, which establish penalties including jail time for women who incur this practice.
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