Unveiling Objective Law: Principles & Traits

OBJECTIVE LAW Objective law is the set of rules of social conduct that govern relationships between people and which benefit from state constraint, that is to say thatthe state guarantees compliance. It revolves around the notion of rule of law which should be defined before to consider its sources and its various classifications, i.e. the branches of law. CHAPTER 1: DEFINITION OF THE RULE OF LAW The rule of law is a rule of conduct that governs relationships between people. However, life in society is also governed by other rules which are not legal or are not considered as such but which are intended to govern the relationships between individuals. It is mainly about moral rule and religious rule. However, the rule of law is distinguished from it both by its purpose and by its characteristics. specific. SECTION 1- THE PURPOSE OF THE RULE OF LAW The purpose of the rule of law is to organize society and the relationships that are established between the people who make it up. To achieve this social purpose, the rule of law will sometimes contradict moral or religious rules. § 1- THE RULE OF LAW AND THE MORAL RULE Morality can be defined as "the mastery of instinctive drives and passions and the pursuit of a more or less lofty ideal of individual perfection". then confuses with conscience or social morality, the ideal to which it refers not being no longer the human person, but a social man. United by their social origin, Law and Morality, on the other hand, tend towards who oppose. The moral rule is concerned with the duties of man towards others. men and of himself and has as its goal the improvement of the person and the blossoming of conscience, while the Law aims above all to enforce a certain collective order. Morality Law Religion It remains however that, without being confused, Law and Morality broadly agree. Law, of social essence, is obviously guided by values in the choice of its imperatives and it is therefore not always easy to discern it from Morality as the overlap is total in several areas (prohibition of theft and homicide). However, Law and Morality keep specific areas. Indeed, the right rule of relations where Morality is silent: it matters little to Morality whether one drives on the right or left on the roadway. There are also moral rules not sanctioned by law. who, for example, is not interested in bad thoughts or even in bad intentions, as long as these do not materialize in conditions disturbing the order social. Moreover, the law provides rules that are morally shocking such as the prescription: the thief can become the owner of the stolen thing if no action has been brought against him within a certain period. Finally, the nature of the sanctions of the rule of law and the moral rule is not the even. While the Law includes concrete, foreseeable sanctions organized by public authorities, morality is sanctioned only by the tribunal of conscience (the forum interior) or social pressure. § 2- RULE OF LAW AND RELIGIOUS RULE The religious rule, of divine essence, stands out from the rule of law which is a human work. As a result, the difference between the two is essentially due to the purpose continued: while the religious rule mainly organizes the relationships of man with God and sees to the eternal salvation of the soul of human beings in the hereafter, the rule of law is more modestly concerned with ensuring social order in this world. Thus, the law does not punish sin as such (eg lying) at least as long as that he does not disturb the social order. Furthermore, religion claims to govern thoughts at the same only actions, whereas the law is only interested in external behavior. However, the religious rule can be confused with the rule of law, in particular when the state is not secular. Thus, the inspiration of Moroccan law by the commandments of Islam, notably the Maliki rite, is undeniable. SECTION 2- CHARACTERISTICS OF THE RULE OF LAW The rule of law has both general characteristics and a specific character which distinguishes it from moral and religious rules. § 1- THE RULE OF LAW IS GENERAL AND ABSTRACT 1- The rule of law is general, i.e. it applies, without distinction, to all persons (criminal law) or a specific category of persons (criminal law) commercial law applies to traders, labor law applies to employers and employees) and not to a named person. Indeed, the rule of law is always formulated in a general and impersonal way This general character of the rule of law eis a guarantee against arbitrariness and individual discrimination and thus responds to the principle of equality of citizens before the law. 2 - The rule of law is abstract and targets a specific situation defined abstractly. It is not aimed at people but at the situations in which they find themselves. This rule does not apply to anyone in particular and applies to all those who have reached the age of majority fixed at 18 years. Moreover, these two characteristics are not the exclusive prerogative of the rule of law: rule Morals and religious rule also possess these two attributes. §2 - THE RULE OF LAW IS MANDATORY AND COERCIVE If every rule is, as such, obligatory, the rule of law occupies in this respect a place apart in that the obligation it imposes is sanctioned by the public authority contrary to the other rules. The purpose of the rule of law is to ensure security and social order, so it must to be obligatory and imposed under penalty of sanctions. Indeed, no one can derogate from the rule of law as soon as it falls within its scope. 'Cause he's supposed to know her, the citizen cannot justify a breach of the law by his ignorance of the rule. Admittedly, moral and religious rules are also accompanied by sanctions, the violation of religious rule is sanctioned by god in the hereafter while violation of the moral rule is sanctioned by social reprobation and internal remorse, but only the violation of the rule of law is sanctioned by the state, hence its coercive nature. However, if all rules of law are binding, not all are so at the same time. degree. Depending on the function considered, the rules of law are imposed absolutely or only relative. It is therefore necessary to assess the binding force of the rule of law through the distinction between imperative rule and suppletive rule before apprehending the diversity of penalties for violation of the rule of law reflect the coercive nature. A- The distinction between imperative rule and supplementary rule Every rule of law is binding. However, for certain rules of law, this mandatory nature is attenuated since they are likely to be discarded in favor of other rules provided by the parties. We then distinguish the imperative rule from the suppletive rule. 1- The imperative rule is the one that is imposed on people in their relationships and does not can dismiss it because it is of public order. It imposes itself absolutely in the sense that it it is not possible for the interested parties to avoid its application, even by an agreement on purpose. 2- The suppletive rule is a rule of law but which can be set aside by the persons by providing for another rule which will apply to their legal relations. In fact, the suppletive rule only applies if the parties have not provided for anything, it then comes to supplement the lack of will expressed by the interested parties. B- The various sanctions Failure to observe the rule of law exposes its author to a sanction which may be civil, criminal or administrative. 1- Civil penalties: There are several civil penalties that can sometimes be combined. - The nullity of the act When a legal act (contract) has been concluded without respecting the rules relating to its conclusion, the best way to repair this non-compliance is to cancel this contract and the declare null and void by means of the declaration of nullity. -The payment of damages Any person who violates a rule of law and causes damage to others is required to repair this damage by paying the victim a sum of money as damages. - Execution by constraint The authority responsible for enforcing the rule directly requests its execution by resorting to the use of force if necessary. 2- Penal sanctions: The penal sanction consists of corporal sentences depriving of freedom or pecuniary and which are provided for by the penal code. These sanctions are quite varied depending on the seriousness of the offence: the death penalty, life imprisonment, house arrest, imprisonment, fine... It should be emphasized that the fine is a penal sanction which consists in paying a sum money to the State treasury (the motorist who runs a red light is penalized criminally by a fine), whereas the payment of damages is a sanction compensation for damage caused to the victim and who perceive them as of compensation. 3- Administrative penalties These are sanctions under administrative law and taken by the administrative authority. Examples: closure of an establishment for unsanitary conditions, dismissal of a civil servant for gross negligence, reprimand, warning.