Overview of the Law Object
The object of law, as defined by Austin, is the subject matter which the law contemplates and to which it applies. The object of law is that to which the law relates as its purpose, and it can be understood as the actions that the law regulates or enforces. For the purposes of the state, the object of law is the good order of society and the governments use of law to maintain that order. The object of law is closely tied to the subjects of law, or the persons, things, and activities that are affected and regulated by law. Some scholars , however, would argue that the object of law is its subject. The object of law may be broken into specific categories, such as the four objects of law according to the Roman law tradition: (1) person, (2) things, (3) actions, and (4) succession, or they can focus on the eight objects of law according to German law tradition: (1) physical person, (2) mental person, (3) property, (4) right of liabilities, (5) the object of legal activity, (6) the object of legal protection, (7) carrier of rights and obligations, and (8) subject of the law.
Evolution Of The Concept
In practice, the rules concerning the object of law are found in statutes covering other topics. For example, a statute may regulate suretyship in the context of contracts. In the past, these provisions were usually found in provisions about sale or gifts, and before that in provisions governing usury or charitable status. This historical development helps document the changing nature of the object of law. With the advent of modern commercial law in the mid-20th century, these provisions are found in statutes on commercial paper or secured transactions. But it should be noted that the ethical underpinnings, and the concerns of the stakeholder groups, have generally not changed with the switch from a focus on gifts to one on secured commercial transactions.
The best modern treatment of the idea of the object of law remains an article by Professor H. Gordon Watkin, The Object of Law, 61 U. Colo. L. Rev. 1 (1989). Although written over twenty years ago, his article remains seminal in determining what an object of law may be, and the entire article should be read for anyone legitimately interested in the topic. Professor Watkin argues (generally) that an object of law is anything that has been given specific legal significance by statute, function, or judicial pronouncement. This interpretation dovetails with what most of us consider a legal object – something important that the law has valued enough to give legal significance to.
Object and Subject of Law
In modern legal parlance, the subject of law and the object of law are distinguished. The subject of law refers to the persons to whom the law applies and who are bound by it. This term is understood in a very broad sense and covers both natural persons as well as corporations and organizations. The person or entity bound by the law is a subject of the law.
The object of law, on the other hand, refers to the content of the law, which encompasses both tangible and intangible entities. Objects of law may be of different types. They may be factual objects, such as systems, organizations and things. They may also be factual situations, such as conflicts between persons, fraud, treason, torts and crimes. They may also be legal objects — those are the rights and obligations that are created and recognized in legal systems.
Legal objects generally fall into three broad categories. They are: objects of rights, objects of obligations, and legal dispositions. Objects of rights represent claims or entitlements that are of value to the person possessing them and which can be asserted against others. Legal dispositions represent means of enforcing or attempting to enforce rights. Objects of obligations are pertinent to the performance of a function or act. Obligation, in this regard, refers to an act that is externally imposed on the doer and which holds legal consequences.
Classification of Objects of Law
The classification of legal objects generally includes criteria such as their power of disposition and whether they are physical or abstract in nature.
Personal properties: an object subject to disposition is de facto the property, also known as corporeal property, that one possesses and has the right to sell, transfer, buy, use, and otherwise do with at their pleasure, or the abstract subject matter of a legal right, that is, a person entitled to something from or against another is said to have a right which corresponds with a duty on the part of others. In the civil code, objects subject to disposition are described as:
(a) corporeal property, or things capable of approach, or
(b) incorporeal property, or rights. The latter include obligations or claims, debts, and other powers to affect the interest of another in a legal way.
Corporeal property: essentially, corporeal property consists of any item or thing that can be moved, touched, or physically inspected. Corporeal property is also commonly known as personal property, movable property, or personalty.
Incorporeal property: incorporeal property includes rights, such as those derived from contracts or statutes, including such rights as those arising from your right to collect rent. Incorporeal property is also commonly referred to as intangible property or real property.
Objects of Law in Contracts
Objects play a pivotal role in contract law as they form the very basis of all contractual agreements. Any valid contract, by definition, must have an object. Without an object, there is simply no true agreement in the eyes of the law. In essence, the object is the tangible result in which both contracting parties hope to achieve. For a contract to be considered legally enforceable, there must be a defined object. If the contract lacks an object, it may be declared null and void.
While the object of an agreement may take on many different forms, such as a tangible physical item (an object in a physical sense), the object of the contract can also refer to the actual service or duty to be performed. In this way, the object of the contract is the actual accomplishment or service to be rendered , rather than the means by which it will be provided. An example of this distinction would be if someone hires a construction firm for a job; the object in the contract would be the job itself — the act of building a particular structure — while the object in a physical sense may be the building that the contract confers upon the construction company.
For an object of law to be valid, it must be both legal and possible. In other words, the object or result being achieved cannot potentially result in any type of harm to the contracting parties involved. Additionally, the accomplishment of the object must be possible, meaning that it must actually exist or be feasible, rather than something that cannot be achieved in practice or in reality. Lastly, the object cannot be against public policy (i.e., immoral or otherwise frowned upon by society).
The Controversy Surrounding Items of Law
Legal challenges and controversies surrounding objects of law often arise from the inherent conflicts between individual or business interests and regulatory requirements. One common legal issue involves competing claims to ownership or rights to use a relevant object. For example, inventory held for sale in the ordinary course of a business may be subject to a security interest in favor of a bank or supplier, but a third party may claim an interest in the same inventory. These competing claims are more likely to arise in industries experiencing significant downturns where businesses no longer need certain assets.
Recovering lost items, including certain tangible business assets, is a regular occurrence in an insolvency process. A similar issue is presented by articles of agreement that permit a lender to take possession of collateral that secures a loan. To the extent any of the assets are delivered to a receiver, the essential question becomes whether the lender’s security interest is "pursuant to an agreement in writing" as required by the legislation governing secured transactions. As well, questions concerning whether a secured creditor’s right to take possession of uncollected receivables amounts to a transfer of property in law and thus an assignment of a significant number of revenue-producing contracts are also concerns.
Personal property security rules are also affected by changes in federal legislation as it relates to intellectual property. The Federal Personal Property Security Act (the "FPPSA") provides a "cleansing" effect for most security interests. As long as a security interest is filed in the Registrar of Security Interests, the owner of the secured property cannot succeed against the security holder provided the financier has exercised its rights within 180 days (and there is legislation in place to extend this period).
The FPPSA has also been amended to require that security interests that are registered prior to the assignment of an intellectual property are protected, although the amendment has limited application and may not extend to all third parties. The amendments also require that a licensee of intellectual property provide notice to the licensor of the assignment or licensing of intellectual property rights so as to protect additional parties such as licensees, franchisors, or suppliers. It is also important to be aware that eligibility for registration may be limited by other legislative changes.
Final Thoughts and Look Ahead
In the contemporary legal landscape, the object of law remains an area rich in potential for development and exploration. As globalization and technological advancements continue to reshape our understanding of law, the object must adapt to these new challenges and opportunities.
One area of significant potential for the object of law is in the realm of artificial intelligence (AI) and machine learning. With the ability of these technologies to analyze vast amounts of data and identify patterns, the object of law could find new applications in predicting legal outcomes, assessing claims, and understanding jurisprudential trends. However, the incorporation of such technologies into legal frameworks raises a host of new questions.
The debate surrounding the regulation of digital platforms is another area that will likely have significant implications for the object of law moving forward . Issues of jurisdiction, data ownership, and privacy that arise in the context of these platforms present ongoing challenges for lawyers and policymakers tasked with regulating 21st century commerce.
The future of the object of law will also be influenced by the rise of alternative dispute resolution mechanisms. As non-adjudicative forms of dispute resolution gain popularity, understanding the object of law in its expanded dimensions will be necessary to navigate the evolving landscape of conflict resolution, enforcement, and compliance.
Ultimately, while much is still uncertain about the future of the object of law, ongoing discourse between legal scholars and practitioners, combined with the innovations of technologists, will play an essential role in shaping legal practice and theory in the years to come. As society continues to evolve at a rapid pace, the object of law will remain central to our understanding of how law operates, adapts, and seeks to fulfill social and individual needs.