We explain what the objective right is and what its characteristics are. In addition, examples and differences with subjective law.
Objective law is understood as the set of rules , ordinances and laws that prescribe an obligation , that is, that impose a legal conduct or resolution on a given situation or persons. They are the legal forms that impose on companies active obligations (obligation to do) or liabilities (obligation not to do). It is distinguished from subjective law.
Societies are governed by mandatory legal standards , which we know as laws . And the State is responsible for enforcing them , through a repressive apparatus that confers a monopoly on violence, that is, through law enforcement (police, army, etc.) and indoctrination institutions (propaganda, school, etc.)
The objective right, as coercive right, that is, that generates obligations, can have two origins:
On the other hand, the objective right may be of a written type (that included in laws, codes, regulations and national constitutions) or customary (the one restored by custom).
They are manifestations of the objective right:
The fundamental difference between the objective right and the subjective right has to do with the character of its norms:
This distinction can also be explained as follows: the objective law includes the legal norms that govern life in society ; while the subjective right includes the permits and functions derived from said objective norm.
For example, freedom of expression is a subjective right , since it has its limits and is exercised at the discretion of each person. For its part, the objective legal norm that establishes its limits, responsibilities and possible consequences of its abuse, is part of the set of obligations established in writing in a legal regulation.
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