Legal Axioms: Principles of Legal Knowledge and Regulation
Legal Axioms: Core Principles
Axiom I. Every object of legal knowledge is identical to itself.
- What is not legally prohibited is legally permitted.
- What is not legally prohibited is legally permitted.
Axiom II. No behavior can be found at the same time legally forbidden and legally permitted.
- Exercising his right not to be abused.
- What is not legally ordained cannot be legally prohibited.
- If the omission of permissible conduct is prohibited, such conduct is ordered.
Axiom III. Conduct can only be found legally regulated, prohibited, or permitted.
- If the conduct is prohibited legally regulated, it cannot, at the same time, be allowed.
- If the conduct is permitted legally regulated, it cannot, at the same time, be prohibited.
Axiom IV. All that is legally ordained is legally permitted.
- Who has the duty, has the right to fulfill it.
- The right-bound to fulfill its own duty is obligatory exercise.
- Who has a legal duty has no right not to conduct this bound.
- The omission of the legally prohibited conduct is legally allowed.
- When the omission of an act is required for a subject, this is not legally free, under the act.
- No one can legally prevent someone else from doing what is legally allowed to do.
- No one can legally require someone else to do what they should ignore.
- No one can legally stop doing what, in exercise of a right, another may require.
- The active subject of the legal relationship in which is inserted the right-bound, is a taxpayer of the foundational relationship.
- The taxpayer relationship is an active founding of the relationship based.
- If the omission of permissible conduct is permitted, such conduct is not sorted.
- Who has the right, but not the obligation, to do something, you can legally omit what has the right to do.
- Who has the right, but not the duty, to omit something, you can do what is legally allowed to skip.
Axiom V. What is legally permissible, is not legally ordained, may freely take or ignore.
- The right not founded on a duty itself can freely exercise or not exercise.
- Rights subjective which are based on a duty is itself a foundational right of freedom.
- The right to choose between the exercise and no exercise of other rights is a separate legal authority.
- The right to choose between exercising and not exercising a legal right is not to be confused with the right between the exercise and no exercise opt.
- No one has the right to prevent another from doing what it legally can do.
- No one is entitled to demand that another do what he legally can be ignored.
- The scope of legal freedom of a person increases or decreases to the extent that increases or decreases the subjective rights of the first degree.
- Within a system where people had no more right than to fulfill their duties, legal freedom would not exist.
- Exercise of the founding legal authority involves the right liberty, or legal power founded.
- The failure to exercise the legal power founding necessarily involves the exercise of legal power founded.
- The exercise of legal authority was established, or right to liberty, not necessarily the legal founding faculty.
- Where a legal right implies a set of legal powers of the first degree and, therefore, may be exercised in various forms, the owner is entitled to choose between different forms of exercise.
- The right to choose between the various legal powers first grade making up the complex legal right is not to be confused with its authority under the exercise of which the option relates.
- When a subjective right includes, at a time, faculties and powers are based not based on duties of the holder, it only is legally free in relation to the past.
- Who has the power, but not the obligation, to choose between two separate legal powers also have the right to waive the option.
- He is obliged to choose between two modes of behavior not have the right to waive the option.
- The power that a person has to choose between exercising and not exercising their rights of first degree restricts subjective normative legal freedom of all others.
- A regime that allows a choice between exercising and not exercising all rights would not be a legal order to dissolve into anarchy.