Law definition, law purposes, legal rules, Elements of the legal rule, Characteristics of the legal base. What is the simple definition of law?
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| What is the simple definition of law? law / legal rules definition Properties |
Definition of Law (What is Law?):
Law
is the set of abstract general rules that regulate society, and the law aims to
regulate and protect the rights of individuals.
Law and Right:
The
right is the centerpiece of the law and its main subject. This is because the
right establishes for its holder a legal position that is unique to him from
other individuals, and is offset by restrictions imposed on other individuals
not to be subjected to it.
Therefore,
rights do not exist and are not respected except in the light of legal regulation,
and the law is responsible for establishing, regulating, and protecting the
right.
What is the definition of right?
The
right is exclusive that the individual has as a result of his commitment to the
rules of law.
What is the nature of the relationship between law and right? Or the difference between law and right?
Rights
do not exist and are not respected except under legal regulation, just as the
law did not exist except to recognize a right.
Definition of the law and its characteristics:
Definition of law:
First: The general meaning of the word law:
The
word “law” is always used to refer to every steady and steady rule that moves
at a single pace, i.e. the subjection of something to a fixed system. The term
law is often used in this general sense in various aspects of life. The laws of
supply and demand, the law of gravitation...etc.
What is positive law?
The
term "Positive Law" is given to the set of legal rules that are
applied in a particular country and at a particular time (era), regardless of
the source of these legal rules, even if it is heavenly. For example,
Australian positive law means the set of legal rules in force in Australia at
present.
Second: The meaning of the word “law” in the legal terminology:
In
legal terminology: the word (law) means a set of general, abstract rules that
organize society and undertake the establishment, organization, and protection
of rights, and are accompanied by a penalty imposed by the state on the
violator of these rules, when necessary.
Law, Codification, and Legislation:
Law
and codification: The word (law) may be used while codifying means any set of
legal articles related to a particular branch of law. Including civil law /
penal law / commercial law. What is meant precisely here is
"rationing", which in French corresponds to the word (code).
Law
and legislation: The word law may also be used in a narrower sense than that,
to denote the legislation established by the legislative authority, including
the Judicial Authority Law / Universities Organizing Law / Advocacy Law ...
etc. While the more accurate here is the use of the term (legislation).
This
is because legislation is only one of the various sources of law, and therefore
every legislation is considered law, but not every law is a law.
Characteristics of the law:
The legal rule is an abstract general rule:
The
first characteristic of legal rules is generality and abstraction, generality
means that the legal rule applies to all individuals without discrimination,
and abstraction means that the legal rule is based on a specific objective
criterion that does not look at specific facts or specific persons themselves.
Rather,
the legal rule deals with the facts with their conditions and descriptions, as
it addresses people with their legal qualities and positions and not on their
own.
So: Is it possible to issue a legal rule that addresses one person?
Yes,
it is possible. The legal rules regulating the methods of choosing and working
of the President of the Republic or the President of the Supreme Constitutional
Court address one person, but at the same time they did not violate the rule of
generality and abstraction, as they did not address the person himself, but
rather in his capacity and legal status.
The legal rule regulates the behavior of individuals in society:
Man
is a social creature by nature. He cannot live or meet his various needs and
requirements except by dealing with other individuals in society. One of the
most important objectives of the law, in general, is to regulate and control
the behavior of individuals in society so that the life of the group is
straightened.
The
law always tries to limit the different manifestations of human behavior, to
show each person his permissible limits, his rights, and his duties, by setting
the rules that a person must respect.
If a
person voluntarily and voluntarily adheres to the rules of the law, he is safe
from accountability by the public authorities in the state.
The
legal rule confronts individuals only and not anything else. The legal rule
only faces the apparent behavior of individuals and has nothing to do - as a
general origin - with the evil thoughts, intentions, and impulses that may
revolve in the mind of the individual as long as they are not translated into
apparent material behavior prohibited by law.
This
is logical; As the thoughts and intentions that permeate the soul are difficult
to verify and prove, and therefore individuals cannot be held accountable for
them unless they are accompanied by material acts prohibited by law. Perhaps
this is the essence of the difference between legal rules and the rules of
religion and morals.
The legal rule is accompanied by a material penalty imposed by the state when it is violated:
The
legal rule is a (binding) rule for individuals, and this obligation will not be
achieved unless the legal rule includes a material penalty to be signed by the
public authority (the state) on whoever violates the provisions of the legal
rule, to ensure respect and implementation of the legal rule by those addressed
with its provisions.
So: the goal of the penalty is to pressure the will of individuals to get them to abide by the provisions of legal rules. Also, this penalty is distinguished by the fact that it is (immediate) i.e.
not deferred to be implemented as soon as
the legal violation is proven, and that it is a (material) penalty, that is, it
has a clear external appearance that the violator and other individuals can
touch, and that it is (a penalty imposed by the public authority) and may not
be signed by individuals. on each other.
Among
the courses of the entrance course for legal sciences (law theory), the first
year, the Faculty of Law and the Faculty of Commerce in the faculties of law.
#law #legal #what_is_law #law_Definition
:see also
Criminal law purpose, importance, and criminal law social role
Top difference between a criminal crimes and a civil offense
