College of Law

The relationship between a legal rule and a legal judgment

Dr. Dr. Ziad Abdul Wahab Al-Nuaimi / Faculty of Law

The legal rule is defined as a speech addressed to all, regardless of its source, that feels the arrangement of a certain result on the occurrence of a certain incident in order to control order in society and achieve harmony between its ties. The legal rule is an abstract social rule of behavior that addresses people with its speech to regulate their ties and in a binding manner due to its association with the material penalty, as the legal rule is defined as a legal unit that sets a solution to a specific legal relationship or an aspect of this relationship, and the legal rule differs from a legal ruling

The ruling, as some define it, is the solution to be followed in a matter of issues and is not a legal unit, as the ruling is a The legal rule, whether national or international, includes two basic elements, namely the hypothesis and the penalty. Some call them presumption and judgment

As for the presumption or hypothesis, it is the one that the legislator sets and represents the theoretical part that the legislator assumes in the legal rule through what he places an imposition in the rule in particular and the legal text in general

As for the penalty or judgment, which is the second aspect or element of the composition of the legal rule, it is the action resulting from the establishment of the first element, and through the combination of the two previous elements, the legal rule is formed, but … To answer this, we can say … that the availability of the two elements of the legal rule rises theoretically, that is, from the theoretical side … In practice, however, it requires the existence of a legal fact, which can be defined as the way or means of accessing the first element with the second element through