Objective law

Objective law is a normative system (rules of conduct). This system emanates directly from the state or public relations, which are recognized by regulators in the process of resolving certain legal cases. Objective law, in other words, is presented in the form of a set of norms ensuring the regulation of public relations, as an objective result of the will of the law-making bodies. This, in addition, is a set of rules of behavior, the use of which in the process of regulating relations in society is authorized by the state.

The concepts of "objective law" and "positive law" are synonymous. Both terms mean the regulatory system emanating from the state.

As reality, objective law functions in laws and other forms (sources) recognized by state authorities. The existence of norms is characterized by independence. These norms function independently of specific subjects, knowledge or ignorance of one or another person about them.

A comprehensive definition of the term is given in the legal literature. According to the generally accepted wording, law is a normative regulator used in public relations, a system of formally defined, generally binding norms. These provisions are established or authorized by the state, they express his will, and also act as a criterion of lawful or unlawful behavior.

This definition reflects the relationship of law with state power. Moreover, the state acts as the main institution of lawmaking. However, it is not the only law-making entity. In accordance with the legislation established in a particular country, various entities can establish legal norms. In this regard, often when defining positive law, they do not directly indicate its interaction with the state. At the same time, they say that this is a regulatory system, enshrined in laws and other sources.

As a rule, positive law is simply called "law": the law of England, the law of Ukraine, the law of Russia, and so on. At the same time, all existing legal norms of a given country are meant. If we talk about "civil law", "criminal law" , etc., we mean a specific legal industry; using the terms "bill" or "patent" law, they talk about the institutions of a particular industry.

For norms that come directly from the state, the corresponding definition is used. They are called “legal norms” or “legal norms”. In many states, these rules are recorded in the text of the law or by-laws and other acts. Thus, positive law is “written”. In this regard, in these countries, lawyers often use the term “legislation” as a synonym for this term. It should be said that legislation is an external form of law. This form, in turn, is not the only one, and other sources exist.

It is necessary to distinguish law in an objective and subjective sense. In the second case, we mean the possibility of certain behavior provided by the state and legislation. This opportunity relates to a specific person - the subject of law. So, for example, the owner of the house has the opportunity to use and dispose of it, that is, live in it, lease, sell, give, exchange, etc. In this case, one or another subjective obligation is provided. It arises in accordance with the implementation of a particular opportunity.

Subjective law arises on the basis of the norms of positive law and is provided for by them.

Source: https://habr.com/ru/post/F15233/


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