Examples of Legal Assets
Miscellanea / / March 12, 2022
In law, it is called legal assets to those objects or relations, tangible or intangible, considered of great value by society and that enjoy, therefore, protection from the law. For example: people's lives, individual freedom, public administration. These are notions that have a guarantee of the law, in such a way that third parties cannot violate them or take possession of them with impunity.
For something to be understood as a legal right, it must have the protection of law, that is, a law or regulation must have been sanctioned that punishes conduct contrary to its preservation, since society as a whole understands these goods as useful, necessary or valuable. If this norm does not exist, then the good lacks legal protection and loses its legal nature. A clear example of this is life itself: people's lives are considered a highly valuable asset, protected by the law that punishes murderers and prohibits homicide.
In criminal law, each crime committed responds to the violation of a concrete and specific legal right, so that each crime corresponds to a proportional and specific punishment as well. The existence of legal assets is essential for the rule of law and for organized life in society.
Legal goods, although they always have an individual or collective bearer, are not of a private nature, but rather belong to the law; which is why the State is precisely the guarantor of preserving them.
Types of legal assets
The main way to classify legal goods is according to the relationship between the good and the subject that carries it, that is, differentiating between individual, supra-individual and collective.
Examples of legal assets
Some examples of legal rights of various kinds are the following:
- The lives of people and their physical integrity, that is, their right to live and not suffer harm from third parties.
- Sexual integrity and sexual freedom, that is, the right to exercise one's own sexuality freely as long as it does not harm third parties, and the right not to be forced to perform sexual acts of any kind against one's will.
- public health, that is, the right to bodily and sanitary well-being of stocks whole.
- public order, that is, the regular and daily functioning of society, without social outbursts or upheavals that violate the rule of law.
- property ownership, that is, the right to private property and to enjoy one's own property.
- individual freedom, that is, the right to dispose of one's own life freely and not be forced into actions contrary to one's own interests.
- national security, that is, the disposition of the forces and elements of the State to protect themselves from foreign interests and guard their territory and their political apparatus.
- The economic and financial order, that is, the rule of law in banking and commercial matters, such as transactions, contracts, etc.
- public administration, that is, the control and management by the State of the institutions, resources and bureaucratic procedures that keep it going.
- The honor or dignity of people, that is, the right not to be subjected with impunity to mistreatment, offenses, discrimination and false accusations.
References:
- "legal good" in Wikipedia.
- "legal good" in Legal Concepts.com.
- “legal good” in the university of Navarra (Spain).
- “Collective legal rights: notes about their characterization” by Mauricio Ernesto Macagno in the Virtual Magazine Exchanges from the National University of La Plata (Argentina).
- The legal good in criminal law. Some basic notions from the perspective of the current discussion” by Mariano Kierszenbaum in the magazine Lessons and Essays from the University of Buenos Aires (Argentina).
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