How important is the legal system? Complex order: The general order, which is composed of a basic order, and by the order of institutions, it is complete. This general order is formed by a series of systems and a number of related systems based on 4 principles: This hierarchy is understood by the so-called Kelsen pyramid, a form of graphical representation that organizes the different types of laws and regulations of the legal system. The legal system is characterized by the state of norms, since they are dictated by the bodies to which the Constitution assigns normative power. It consists in remedying the lack of regulation by resorting to sources other than the dominant one or by resorting to other systems. In this procedure, the use of justice is distinguished (equality means justice, righteousness) and equality is the adaptation of the norm to the complexity of social life. Where it is stated that fairness must be taken into account in the application of the rules, although court decisions can only be based solely on them if the law expressly permits it. It is important to emphasize that the legal system is dynamic, as the State has legislative powers that allow it to adapt regulations to the specific needs of the population. Any legal system is structured on the basis of a hierarchical criterion in laws. This creates a system of dominance among those who have greater reach over the more local or specific. An order is not coherent if there is what is called the problem of antinomies or conflicts of norms. Antinomy occurs when two or more rules belonging to the same legal system attribute irreconcilable solutions to the same case and which lead to the simultaneous application of the rules leading to incompatible and impossible results. Therefore, you have to choose between them. If there is a conflict between an obligation and a prohibition relating to the same subject matter, there is an inconsistency.
There is also a contradiction between an obligation and a negative licence, and between prohibition and positive authorisation, provided that they deal with the same issue. According to Professor Ross, there can be a total antinomy when there is absolute incompatibility, since the fields of application are completely identical. The Constitution, laws and other regulations constitute the legal system. The application of analogy presupposes that legal norms do not consider a particular case, but regulate another similar one, distinguishing the two identities of reason. Grammatically, the analogy starts from the relationship of similarity between different things. Legally, it consists in applying to a case without regulation the solution that the legal system offers for a similar case. The legal system should not be confused with the legal system, which is designed as a set of rules for a particular area of the legal system. The relationship in the concepts is from genus to species. At the top are the constitutional laws and international treaties signed by countries, and at the bottom are the local or ecclesiastical laws and institutions that go through various stages.
Every legal system builds its own Kelsen pyramid. A legal vacuum, a legal vacuum or a legal vacuum is considered to be a specific issue for which there is no legislation in a particular jurisdiction. It consists in resolving the lack of regulation by the legal system itself and within the framework of the dominant source that is the law. Within the framework of this method, we must highlight two procedures: in order to define the concept of legal system, it is necessary to explain in advance what each of the two terms that compose it means. The abundance of the tax system is that, according to some authors, it would have the property of containing rules to settle a particular case. Hans Kelsen believed that any legal system is complete, as a result of the principle “What is not forbidden is allowed”. Other authors, such as Carlos Alchourrón and Eugenio Bulygin, believe that there are gaps. The legal system includes not only the “new” rules by which a society wants to be governed, but also the traditional rules that make up its understanding of justice. For this reason, there are two different ways of understanding them and thinking about their origin, namely: Society is therefore organized according to its legal system, which is linked to the objective law (the set of rules by which a community is governed). The different components of the legal system are articulated in a coordinated manner, through a normative hierarchy (with the Constitution in mind) and in compliance with certain principles (such as temporality, which consists in the fact that the most recent law prevails over the previous one).
Consistency means that there are no incompatible rules in the legal system. Existing legal systems are not fully coherent. Hence the problem of antinomies. The legal system, or simply the order, is the whole of the law of a company, that is, the set of legal rules that apply in a particular place at a given time.