The objective right It comprises all the rules, laws or ordinances promulgated to impose a legal obligation on people or situations. These are legal forms approved to prescribe to the company its active obligations (what should be done) or passive (those that should not be done).
Laws are those rules that companies must comply with on a mandatory basis. The one in charge of enforcing them is the State, which has a monopoly on force exercised by bodies such as the army, the police or other similar organizations. In addition, schools or propaganda are also used so that citizens assume this obligation.
The sets of laws contained in the different legal codes, in the constitution of each country or even in binding contracts, form the so-called objective right. On the other hand, subjective right is understood as the way in which each person works against these laws and encompasses the functions and permissions that come from the objective norm..
An example would be freedom of expression. As a whole it belongs to subjective law, but its development is limited by legal norms within objective law. Thus, these norms limit the right in some cases considered by society to be harmful or harmful, in addition to establishing the possible responsibilities for having exceeded those limits..
The objective right includes all the obligations that the states have approved through the legislative power. These norms are intended to govern the behavior of citizens within society. Its theoretical basis is the basic moral principles that must be respected so that coexistence is good.
As a coercive right, that is, it marks the obligations of citizens, the objective right has two different sources:
By depending on the legislative will of the state, it is understood that the objective right enjoys heteronomy. This means that the will of individual persons does not exert any influence on these legal regulations..
In the case of positive objective law, there may be two types of formal grounds:
The objective law defines and regulates all the activities that can be done and prohibits those that it considers negative for society. In this sense, its provisions are mandatory and must be respected by all citizens and administrations..
In cases where laws are violated, the state may impose them even in the event that citizens are against the rules. This capacity for coercion is, above all, exercised by the security forces, from the police to the army..
Constitutions are usually defined as "law of laws." It is one of the clearest examples of objective law, since it contains all the legal principles that should govern a country.
The penal code is the set of laws that includes conduct considered criminal offenses. As such, it is framed within the objective right, as is the case with other legislative codes such as civil or public order..
In the vast majority of countries there are special legal codes that are applied during armed conflicts. These can include from the obligation to enlist to the penalties associated with treason or desertion..
Even if they are between individuals, the contracts oblige the signatories to respect the agreement that has been reached. In addition, states usually establish specific rules that determine which contracts are legal or not..
While the national Constitution is focused on the internal sphere of a country, the different international treaties seek to govern the relations between the different countries..
These treaties are made up of laws belonging to objective law that regulate relations between states or organizations subject to international law..
The main difference between objective and subjective law is that the former establishes the principles and norms that are to be applied in an abstract way. The subjective, for its part, is the one that establishes how these laws are going to be put into practice.
Objective law and subjective law are two closely related concepts. The very existence of the second depends on the existence of an objective norm that declares that existence.
Laws within objective law are very general and abstract, since it is not possible to cover in a single law all the options that may appear when applying it. It is the subjective right that allows to materialize in a concrete way the general laws.
For example, paying a debt is a behavior that is covered by the objective right. The ways to do it are regulated by subjective law.
The application of objective principles is the function of subjective law. It is about adapting the general principles to specific situations, which means that the application may be different depending on the case..
In this way, freedom of expression as a general right is limited in some cases. The subjective right will establish what is the application of that right, its scope and possible sanctions.
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