The
concept
of « Law »
By Rym Chihab HADDADI
• Definition.
Law is a « set of rules that
organise (govern) relations
between individuals in society».
In law studies, two concepts can be
confused:
“Law” and “Right”.
What’s the difference between
these two concepts ?
• LAW.
The set of legal rules wich
organise relations in the society.
Depending on the subject of the
relationship, the rules applied
will belong to commercial law,
civil law, administrative law,
constitutional law, ... etc.
• RIGHT.
The right (rights in plural) is an
individual prerogative or an
individual advantage of which the
holder may avail himself in his
relations with the others.
• The relationship between
Law and Rights.
Law and rights are intimately linked ; they
have riciprocal relationship.
The right is derived from the law
Law : 1. creates (establishes) the right
2. protectes (guarantees) the right
Exemples.
• Constitutional law establishes
citizen’s rights in his relationship
with the State.
• Labour law establishes employee’s
rights in his relationship with his
employer.
• Commercial law establishes the
buyer’s rights in his relationship with
• Law ‘s functions
Law governs and regulates the behaviour of
persons in their relationships ; it delimits the
interests of each individual and those of the
community. The law has a dual function:
1.It fixes the prerogatives and advantages of
each member of the relationship.
2.It establishes guarantees in order to protect
these prerogatives and advantages against any
infringement (violation).
The characteristics of the
legal rule
The behaviour of the person in society is
governed by different rules : legal rules,
moral rules and religious rules.
While these three categories of rules share
certain characteristics (they are general
and impersonal) the legal rule differs in
that it is mandatory.
1. The legal rule is
general
The legal rule is applied to all persons
without distinction. To this end, various
formulas (expressions) which express the
general nature of the rule of law are used,
such as :
« anyone »
« any person »
« all »
« everyone »
« no one »
However, not all legal rules are applied to
all persons. Some rules are addressed to a
very specific category of individuals and
apply only to those one.
Exp. The Commercial Law’s rules apply
only to people who carry on a commercial
activity ;
BUT theses rules are general because
they are applied to all traders.
2. The legal rule is
impersonal
The legal rule is impersonal : it’s not
aimed at anyone in particular.
It concerns anyone in a situation covered
by it.
It does not refer to anyone in particular by
name. (As opposed to an individual
administrative decision).
3. The Legal rule is
mandatory.
The purpose of a legal rule is to ensure
social order’s respect; it is mandatory for
everyone.
Those to whom it is addressed must
comply with it.
Depending on the objective pursued, the
legal rule orders , allows, or forbids to do
something or behave in a particular way.
4. The legal rule is
coercive
The legal rule is coercive : Anyone who
doesn't comply with will be punished.
The application of the sanction is the
responsibility of the State, which is able to
use public force in order to ensure
compliance with the law.
The legal rule is different from moral
rules and religious rules wich non-
fulfilment is not sanctioned by the State.
The sanction has different
forms:
• A civil sanction :
Exp. Damage compensation
•A criminal sanction :
Exp. Incarseration (imprisonment)
•A disciplinary sanction :
Exp. Warning - Reprimand
Law القانون General عامة Wilaya الوالية
Right الحق Impersonal مجردة Municipality البلدية
(Commune)
Prerogative صالحية Mandatory ملزمة Non-Fulfilment المخالفة
(obligatory) (Infringement -
violation)
Advantage امتياز Coercitive قسرية Civil Saction العقوبة
المدنية
Legal rule قاعدة Sanction الجزاء Criminal العقوبة
قانونية Sanction الجزائية
Moral rule قاعدة Guaranties الضمانات Disciplinary العقوبة
اخالقية Sanction التاديبية
Religious قاعدة Public السلطات Public Force القوة
rule دينية authorities العامة العمومية
State الدولة Natural الشخص Social السلوك
person الطبيعي behaviour االجتماعي
Citizen المواطن Legal entity الشخص Freedoms الحريات
المعنوي (Liberties)
Individual الفرد Society المجتمع Sovereignty السيادة
