The abstraction of the law is a principle fundamental of right which involves the formulation of general and impersonal rules, devoid of references to specific cases or individuals. Instead of addressing specific situations, the law Abstract establishes precepts that regulate behaviors and situations of crafts general, applying to all citizens who are in the circumstances provided for by the standard. This feature ensures the footing to the law and legal certainty, by establishing clear and predictable rules for everyone.
At Republic Dominican, the abstraction of the law It is enshrined in the Constitution and it is reflected in the whole ordering legal. The article 8 of the Constitution establishes that "the law It is mandatory for all inhabitants of the Republic". This principle It implies that legal norms are not created for particular cases, but to regulate social relations in a general way and to guarantee el order public.
The abstraction of the law allows the work The judiciary operates in an objective and impartial manner. By applying general rules to specific cases, judges avoid arbitrariness and ensure fairness. footing of treatment for all citizens. Abstraction also encourages predictability of the right, since citizens can know in advance the legal consequences of their actions.
Shipping Costs embargo, the abstraction of the law does not imply absolute rigidity. The ordering legal Dominican recognizes the necesidad to adapt the general rules to the particularities of each ///. Judges have the faculty to interpret the laws and apply them in a crafts flexible, taking into account account the circumstances specific to each situation. This flexibility allows the right adapts to social reality and responds to the needs of the Justice.
The abstraction of the law it is essential for to guarantee legal certainty and the footing to the law. By establishing general and impersonal rules, the right Dominican promotes a work fair and equitable for all citizens.
As Carlos Suárez González points out in his work «The Concept of Law School» (ENJ: Library On-line, 2006), «the abstraction of the law It is an essential feature of the State Law, since it allows legal norms to be applied in a general and impartial manner, without distinction between individuals or particular situations.
