The legal relationship has legal, volitional, as well as material content. The latter (also called actual) includes social relations mediated by law . Volitional content is associated with the expression of the state of their 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 - a set of binding rules for the violation of which sanctions are provided. Subjective law is nothing but the legally possible behavior of individuals. Objective law is the norm, and subjective law is the possibility embodied in them.
Subjective law
The basis of legal regulation is legal rights, as well as subjective duties. This regulation is what distinguishes this from any other (for example, moral). It is unique and specific in itself.
Subjective law in legal science is often understood as a measure, as well as a type of behavior that is permitted and also guaranteed to a person by applicable laws. Legal obligations are directly related to the measures required behavior.
Subjective law is based on the opportunity provided, the basis of legal obligations is the need, which is fixed legally. Authorized is a carrier of opportunity, liable is a carrier of responsibility. Of course, the difference between their positions is enormous.
Subjective law has a structure consisting of individual elements. Most often, four such components are distinguished:
- the possibility of positive behavior that is authorized (that is, he has the ability to perform independent actions);
- permissibility to force liable persons to perform certain actions;
- the opportunity to use state. coercion if a liable person refuses to comply with any legal requirements;
- the ability to use certain social benefits on the basis of law.
From the above it can be concluded that subjective law can be a right-demand, a right-behavior, a right-use, as well as a right-claim.
Any of these features may come to the fore. It all depends on the stage of exercise of rights. In general, we note that in their totality they serve to satisfy any interests of authorized persons.
Subjective law is characterized by a measure of behavior that is ensured not only by law, but also by duties inherent in other persons. In general, without the obligation of others, this right turns into the most ordinary permissibility (everything that is not prohibited by law is permitted).
There are plenty of such permissions. But do not forget that a walk in the park has nothing to do with subjective law.
Subjective law consists of fractional parts. Each of them in this case is called competency. In each industry, their rights are defined differently. As an example, we can say that the right of ownership consists of three powers. It is about the disposal, use, as well as ownership of any property. In other rights, there may be more or less. 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, speak on television, broadcast on the radio, criticize (even the current government), and so on. The authorization in this case is a lot. It is necessary to take into account the fact that in certain cases new powers may appear, and in some cases changes are simply unacceptable.