Abstract

This study seeks to explain what is meant by the idea of abstraction in the essence of the penal rule, which requires following the philosophical approach that is concerned with researching the essence of the law and the legal rule and determining what this essence should be. This study identifies the importance of abstraction in the essence of this legal and penal rule, which is to establish a legal science that distances the law from exploitation, and to achieve the effectiveness of the law in society and prevent legislative inflation from occurring. This study identifies one of the most important non-legal issues attached to the penal rule, which is the ideology that is a means for those holding power to harness the law and the penal rule to achieve private interests.