Subjective law

Legal relationship has a legal, strong-willed, as well as material content. The latter (also called the actual one) includes publicly- mediated social relations. Volitional content is associated with the expression of the state of its will, which is embodied in various legal norms. What is the legal content? These are subjective duties, as well as the rights of the parties.

Objective and subjective law

Objective law is a set of binding norms, for violation of which sanctions are provided. Subjective law - this is nothing like a legally possible behavior of individuals. Objective law is norms, and subjective - the opportunities fixed in them.

Subjective law

The basis of legal regulation is legal rights, as well as subjective duties. This regulation is exactly this and differs from any other (for example, moral). In itself, it is unique and specific.

Subjective law in legal science is often understood as a measure, as well as a kind of behavior that is permitted, as well as guaranteed by the person in force by the laws in force. Legal duties are directly related to the measures of required behavior.

Subjective law is based on the provided opportunity, the basis of legal obligations is the need, which is fixed legally. The empowered is the bearer of the possibility, the eligible is the bearer of the obligation. Of course, the difference between their positions is huge.

Subjective law has a structure consisting of separate elements. Most often distinguish exactly these four components:

- the possibility of positive behavior, which has empowered (that is, he has the opportunity to perform independent actions);

- the admissibility of compelling persons who are eligible to perform certain actions;

- the opportunity to use the state. Coercion, if the person who is legally responsible refuses to comply with any legal requirements;

- the ability to use certain social benefits on the basis of law.

From the above, we can conclude that subjective law can be a right-claim, a right-behavior, a right-use, and also a right-claim.

Any of these opportunities can come to the fore. Everything depends on the stage of realization of rights. In general, we note that in their totality they serve to satisfy any interests of authorized persons.

For the subjective law is characterized by a measure of behavior that is provided not only by law, but also by the duties inherent in other persons. In general, without the obligation of other persons, this right turns into the most common permissibility (everything that the law does not prohibit is permitted).

This kind of permission is enough. But do not forget that a walk in the park to the subjective law has nothing to do.

The subjective right consists of fractional parts. Each of them in this case is called the authority. In every industry, their rights are defined in different ways. As an example, we can say that the property right consists of three powers. It is about the disposal, use, as well as the ownership of any property. In other rights, there may be more or less of them. Maybe there are a lot of them. For example, the right to freedom of speech consists of the ability of people to hold pickets, rallies, meetings, publish their works in print, appear on television, broadcast, criticize (even the current government), and so on. The powers in this case are many. It is necessary to take into account the fact that in certain cases new powers may appear, and in some, changes are simply unacceptable.