مبدأ القانوني، و الضابط، و القاعدة القانونية

Abstract EN

This research provides an overview of the distinction between general principles (positive law) and legal rules, as well as defining the features of (legal standard ) and distinguishing it from the legal principle, because of the technical importance of this distinction, .

And philosophical, it was necessary to return to the research in the philosophy of law - the origin and purpose of the law - to subdue these ideas and try to answer them by extrapolating the common elements between legal systems over different eras We have dealt with this subject in two sections, each of which includes two demands.

The first topic we dealt with: the historical rooting and the conceptual framework of the idea of legal principles, and we divided it into two demands, the first requirement, in which we dealt with the historical development of the general principles of law, and in the second requirement we talked about what is meant by the legal principle As for the second topic, in it we presented a distinction between controls, principles and legal rules, considering that the controls are directives or normative frameworks that the judge uses, and he faces the circumstances of reality - To harmonize the legal rule with The case beforeit Where we touched in the first requirement to distinguish between the legal standard and the legal principle, as for the second requirement, we devoted it to the distinction between the legal principle and the legal rule It is based on the participation of the rule and the principle in the general character, with the discrepancy in understanding the meaning of this attribute, which is what we have discussed in this study