Fundamental Principles and the Nature of Law

The Fundamental Concept of Law

All our activities governed by the law are considered legal activities. The law aims to regulate relations between people so that conflicts are resolved through the force of reason rather than physical force. It is a decisive factor in human civilization. As the classic adage suggests: "Where there is society, there is law."

Every individual living in society requires a set of standards or "rules of the game." Man is essentially a legal animal; the law is bound to the human experience. While the law may regulate the rights of animals, the differentiating factor is that only humans possess a legal character, as it is humanity that sets the standards and establishes the law.

The Scope of Governing Law

The law regulates human acts. However, certain acts are immanent, meaning they do not affect other individuals. In such cases, the law has no legal effect.

Different Meanings of Right

• Subjective Right: An individual faculty or power granted to a person and protected by a legal standard.
• Objective Right: A set of rules that make up the law and the general recognition of standards.

Moral norms govern internal human acts, regulating the individual's internal activities. In contrast, external actions affect society and are governed legally. A habit is a repeated pattern; when a habit gains legal effect, it transcends its social status and becomes a source of law.

Key Characteristics of Law

• Generality of the Law: The law cannot regulate every specific case that occurs. Instead, the law considers general types and categories.
• Imperativeness: The law is mandatory. It does not allow individuals to decide whether or not to comply. This is achieved through the imperium (a mandate), referring to behavior that is either commanded or forbidden.
• Otherness and Enforceability: The law regulates relations between people. Otherness refers to relationships among people that affect society. Enforceability means the law is required to be observed. If standards are breached, individuals are forced to comply through the State's exercise of force or the application of sanctions.