Law in general is a set of rules that regulate the relations of members of society with each other, and in a specific country, the law is the prevailing rules applied by a particular country at a particular time, and the law in a specific matter is the set of rules set by the legislative authority to regulate a subject, and a society free of Laws are nothing but a forest in which the strong eat the weak, turmoil overwhelms them, chaos and imbalance prevail in them, and the rule of law in a specific society gives it the characteristic of stability and calm.
The role of law in the lives of individuals
The relationship between law and society with each other is strong and solid, there can be no law without society and vice versa, as there is a close link between law and society, and the law is affected by the society in which it is applied, and the law affects society as well, and the law is a social phenomenon developed to address the problems that It stands in the way of citizens, and one of the most important roles of the law is to achieve the security and stability of society. Law is a science based on a set of scientific theories whose basis is conscious, rational, historical, and ideal as well. In case of error during the application of the law or its understanding and interpretation, it is necessary to refer to the theories and basic legal texts.
The law is considered a means of social control, and it is a basic and reliable means in society to regulate the behavior of its members. The researcher, Risco Pound, stated that law is the science of social engineering through which the human relations of individuals are regulated in politically organized societies, or it is a method of social control through Using the power of a politically organized society, just as the law has a fundamental role in preserving the cohesion, cohesion, and stability of society members; This is done by achieving justice, providing freedom and security by individuals' commitment to the rules and orders issued by the higher authorities.
Every member of society must have sufficient knowledge of the law and have a legal culture that allows him to know his rights and duties. No individual in society has an excuse for his ignorance of the law. As the individual who needs any legal advice on a specific issue will actually find someone to provide it to him, and legal advice is an exploration of the opinion of the law on a specific issue that may be the subject of a dispute in reality or will take place in the future, and therefore the advisor knows the rule of law in it, and it is also possible that the advice is On an issue that is not in dispute, but rather the consultant wants to be aware of it when he acts on it; This is in order not to be subject to legal accountability or loss in connection with it, and it is worth noting that no matter how fair the law is in theory, the practical reality has proven that many constitutions and laws did not achieve the high ideals that they aspire to, and this is related to the author of the law and the extent of its bias to his personal interests, and therefore no matter what If a person is just, impartial, and impartial, the concept of justice will be narrow to a certain extent, hence the distinction of divine law with its ability to achieve justice, equality, and achieve security and stability as it is neutral in enacting laws and legislations.
The concept of legal rule and its characteristics
The law is a set of legal rules, and a legal rule is a unit or cell of the cells that make up the law, and whoever violates it has a penalty imposed by the public authority on him, and among the characteristics of the legal rule:
- The legal rule is social: it is a means of controlling and regulating social behavior. These rules work to correct and refine individual behavior. It directs the behavior of individuals towards a specific pattern.
- The legal rule is general and abstract: it is directed at individuals in general, so it does not address a specific individual, and it applies to all individuals who meet the conditions for applying the legal rule, and from here we find that all individuals are equal before the law.
- The legal rule is binding and compulsory: what is meant by this is that the legal rule has a penalty imposed on those who violate it, expected by the public authority; This is because the law aims to establish order in society and regulate the behavior of its members. The rules of the law are obligatory, and whoever violates them will be punished.
Sources of legal rules
The sources of legal rules are divided into two parts:
- Material sources: These are the sources from which the content of the legal rule is derived, such as social and economic sources.
- Official sources: These are the sources from which the rule emerges into implementation, and then people are bound by its rulings. These sources are:
- Legislation: It is the enactment of legal rules by a public authority in the state, and one of its characteristics is that it is issued in the form of a written text, it is issued by a specialized public authority, and it is characterized by the ease of setting, amending and canceling legal rules.
- Judiciary and jurisprudence: The judiciary is an official source of legal rules. As for jurisprudence, its role lies in interpretation. Where it is referred to for reference, and it has a role in developing the law, as it is the first detector of the shortcomings of the law and the first claimant to fill the deficiency in it.
- Custom: It means the behaviors that people get used to because they believe that they have become binding, and by violating them, a compulsory penalty will fall on them.
- Religion: It is an original source for the issuance of legal rules, and it means the rulings that God Almighty revealed to guide people, guide them, and regulate their relationship with their Creator.
- Principles of natural justice: they are intended for the innate foundations governing human behavior, and they are an important source of legal rules.