Objective Law (Meaning and Explanation)

We explain what objective law is, what its characteristics are and how it differs from subjective law.

Objective law imposes the norms and obligations of society.

What is objective law?

Objective law is the set of rules, ordinances and laws that prescribe an obligation to society. In other words, it is the branch of law that legally regulates the conduct of citizens through ordinances, provisions and other legal forms.

These obligations imposed by objective law can be of two types:

Active obligations. They are those that force subjects to dothat is, to comply with certain requirements. For example: paying a tax or completing mandatory military service.
Passive obligations. They are those that force subjects to not to dothat is, they prohibit certain actions or behaviors, so that carrying them out entails some type of sanction. For example: the prohibition of theft and violence.

The State is responsible for enforcing the provisions of objective law, through the forces of public order (such as the police, the army, among others) and the institutions of persuasion (official propaganda, schools, among others).

Like other branches of law, objective law comes from ancient Roman jurisprudence. At that time it was called norma agendadi (in Spanish: “norm of conduct”), as it contained the rules, prohibitions and commands intended to guarantee social peace among Roman citizens.

Characteristics of objective law

The objective right is characterized by the following:

It is coercive. This means that it establishes obligations whose fulfillment is mandatory. State agencies take care of this.
It's positive. This means that its ordinances, rules and regulations are written and form part of the body of the laws of a country. In this it coincides with positive law.
It is customary. This means that many of its rules and obligations come from the country's specific tradition and history. In this it coincides with customary law.
It is heteronomous. This means that its rules and regulations have no direct and obvious relationship with the individual cases of the citizens who are affected by them, but rather they organize society in general.
It's public. This means that its rules and regulations must always be public and well-known.

Examples of objective law

Examples of objective law are:

The criminal, civil and public order codes that govern the daily conduct of citizens in each country.
The military laws that are imposed on a nation during a war and that require the defense of the homeland.
Traffic regulations and ordinances that regulate free movement in and between cities.
The tax and fiscal responsibility laws that organize the collection of funds for the State.

Differences between objective and subjective law

The fundamental difference between objective law and subjective law has to do with the nature of their rules and provisions. While objective law imposes obligations and laws on society in general, Subjective law grants powers and allows the individual to demand compliance with the law or what was agreed in a contract.

You may be interested: Natural Law

In other words, objective law imposes the legal norms that govern life in society, while subjective law grants the permissions and functions derived from said norm. In this way, one right complements the other.

For example, freedom of expression is a subjective right that is exercised at the discretion of each person. However, there is an objective legal norm that establishes its limits, responsibilities and possible consequences of its abuse, and is thus part of the set of obligations established in writing in a legal regulation.

These differences between objective and subjective law can be summarized as follows:

objective law	Subjective law
It governs the conduct of individuals through the imposition of obligations.	Grants permits, licenses and powers to individuals.
It is coercive, the State is responsible for making compliance mandatory.	It is not coercive, but the individual can exercise the granted right at will.
Each objective norm establishes a series of subjective rights.	Each subjective right is limited by an objective norm.
Born from the positive legal order (written) or the traditional (customary)	It arises from objective law, through the imposition of a law or the signing of a contract.