Law & Rights

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Law can be viewed from different angles:

1. Objective sense: system of rules/norms of conduct posited by competent bodies to regulate relations between members of community in peaceful and just manner.

eg. should fulfil contracts, one person should not cause damage to another.

2. Subjective sense: network of legal relationships amongst legal subjects.

eg. if someone owns a car, he/she has the right to the car which all other legal objects should respect.

THUS in respect of rights we are concerned with dual relationship:

1. subject-subject - legal relationship between the bearer of the right and other legal subjects.

- content is a right and a corresponding obligation; the bearer of the right is entitled to the right as against other legal subjects, who are obliged to respect it.

2. subject-object - relationship between bearer of right & object of right

- only if relates to object directly

The connection between law and right is that the norms of the law determine how far the power of the bearer of a right extend.

ie. the content & limit of every right.

eg. the owner of a car may drive the vehicle, but may not do so in a way that causes harm to another.