Objectivity and Subjectivity to Explain and Interpret the Author's Online Legal Rights

Abstract

In general, human behaviors, whether appropriate and inappropriate or permissible and impermissible, that are of a composite entity consists of physical and non-physical elements.

Perhaps, these simple lines are considered one of the biggest problems facing the scientific methodology in studying the human and the surrounding social phenomena.

The closest terms of jurisprudence that tackle this problem through study and analysis are called "Objectivity and Subjectivity". The object, in general, means something exists in an external world that can be recognized by sense and subjects to experiments. It achieves isolation and independence from human by this tangible physical existence.

The subject is the essence, content and personality of the thing. To make human the focus to study the subject and object in accordance with the previous principles of object and subject as he is a tangible physical entity,  we find that the human physical existence is the object and human mind and free will are the subject.

Objectivity is the perception of things as they are without desires, interests or self-tendencies. It is merely facts based upon a mind that is free from biases and prejudices, resulting in an analysis called knowledge. If the objective effort in research and analysis is dedicated based upon the individual's autonomous mind with his experience or study benefiting from his scientific and practical experiments and the resulting taste and feeling,  this cognitive product will be called the auto cognitive product as it is the source of subject rather than the abstract reality.

The issue is more precise and needs to be considered further concerning the type of phenomenon that is studied and analyzed by the researcher. If the phenomenon was natural, its physical monitoring, even it was external, would be enough for analysis and giving a result close to the fact and logic.

If the phenomenon was human, the monitoring and analysis of the natural phenomenon would not be enough and it would be unacceptable because