Examinemos la fuerza de las normas jurídicas. Reflexiones reales para las cuestiones legales

Abstract

This article aims to show from real and practical facts the problem of force, and evidencing that there are norms with different legal qualities, that is, when by certain operative actions they acquired the quality of legitimate or illegitimate norms and in such a case they harm positively. or negative its own normative force. Additionally, possible answers will be presented regarding two things: the reason for the anomalies in the legitimacy of the norm that weaken its force, and why estimate the force as a necessary element, responding in some way to that classic discussion regarding its controversial utility. 

To achieve these tasks, 7 sections will be developed. The first section will briefly present how the force reached a position in the law, even to the fact of considering it as a legitimate element, differentiating itself from illegitimate forces. The second section exposes the definition of authority that accounts for obedience, the type of norm that represents it, favors it, strengthens it, and the criteria that distinguishes it. The third section explains legally why, due to application, procedural and 

foundational issues, a set of norms does not have the quality of legitimate norms, impairing their legal force and the other set of norms is legitimate while conserving its power of coercion, in both cases the force of the norm is not the same, then, with the passage of the subsequent paragraphs, to estimate the importance of the really valid norms, they benefit the quality of the force. The fourth section presents the concept of the force of law and will be defended as an essential element. The fifth section will demonstrate and determine the different legal qualities and the identification of another type of force. The sixth section will demonstrate that, due to the scope of the rules, the inconveniences rise to other levels, causing deep confusion. The seventh section presents the reflections on why the norms suffer these variations in their legitimacy.