Objective law

Objective law is a normative system (rules of behavior). This system comes directly from the state or public relations, which are recognized as regulators in the process of resolving those or other legal matters. Objective law, in other words, is presented in the form of a set of norms that ensure the regulation of social relations, as an objectified result of the will of law-making bodies. This, in addition, a set of rules of conduct, the use of which in the process of regulating relations in society is sanctioned by the state.

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

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

An extensive definition of the term is given in the legal literature. According to the generally accepted formulation, law is a regulatory regulator used in public relations, a system of certain formally, universally binding norms. These provisions are established or sanctioned by the state, they express his will, and also act as a criterion for lawful or unlawful behavior.

This definition reflects the relationship of law with state power. At the same time, the state acts as the main institution of law-making. However, it is not the only law-making subject. According to the legislation established in this or that country, different subjects can establish legal norms. In this regard, often in the definition of positive law does not directly indicate its interaction with the state. At the same time, it is said that this is a normative system, enshrined in laws and other sources.

As a rule, a positive right is simply called "right": the right of England, the law of Ukraine, the law of Russia and so on. In this case, all existing legal norms of the given country are meant. If they talk about "civil law", "criminal law" , etc., they mean a specific legal branch; Using the terms "bill of exchange" or "patent" law, speak about the institutions of a certain industry.

For norms that originate directly from the state, an appropriate definition is used. They are called "legal norms" or "rules of law". In many countries, these rules are fixed in the text of the law or by-laws and other acts. Thus, a positive right is "written". In this regard, in these countries, lawyers often use the term "legislation" as a synonym for the term. At the same time, it should be said that legislation is an external form of law. This form, in turn, is not the only one, and there are other sources.

It is necessary to distinguish right in an objective and subjective sense. In the second case, we mean the possibility of certain behavior provided by the state and legislation. This possibility refers 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, to live in it, rent, sell, donate, exchange, and so on. In this case, and this or that subjective duty. It arises in accordance with the implementation of this or that possibility.

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