مجلة الاطروحة العلمية المحكمة الاطروحه للنشر العلمي
المرتكزات الفلسفية للتجريد في القاعدة القانونية
م.م. نور امين احمد
كلية الهندسة / جامعة المثنى / العراق
Abstract
the legal base is one of the most important foundations and pillars on which the legal system in society is built, as it aims to control the behavior of individuals to achieve public stability and determine the rights and duties in a way that ensures fair distribution between them equally. This rule cannot contribute to the performance of its role and function unless it is characterized by some characteristics that distinguish it from other rules and make it a window of application to those concerned with it in various cases according to a disciplined and objective legal framework.
Therefore, abstraction is one of the most important characteristics that need to exist in the legal rule to proceed effectively and steadily, which makes that rule in isolation from personal considerations and special individual circumstances, achieving justice when applied, taking into account the idea of justice, which cannot be dispensed with to create the spirit of legislation.
Therefore, abstraction played an effective role in establishing the basic pillars of the principle of objectivity and ensuring the neutrality of the legal text, which mainly contributes to the consolidation of legal justice and strengthening society’s confidence in public order. The link of abstraction to the previous foundations made it a strong philosophical extension that reflects the rational perceptions behind the legal text based on abstraction of self-interests and personal biases.
Although legal rules are reduced to a hypothesis and a ruling when established by the legislator, they may be divided into flexible rules that provide a solution that can adapt to all actual cases, giving the judiciary discretionary power, thus achieving the idea of justice, unlike rigid rules, in which the judge does not have the power to misapply what is stated in the text literally, thus achieving the idea of justice.
Keywords : Abstraction, generality, justice, standard, legal rule.