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Question

What is law in the legal sense (Recht im juristischen Sinn), and how does it influence behaviour?

Answer

The rules set by written laws, ordinances and court rulings, plus long-accepted unwritten rules (customary law). It is usually backed by sanctions and enforceable in court, regulates behaviour rather than attitudes, and works through external pressure.

Its features:

  • Sources: written statutes, ordinances and court decisions, and customary law (Gewohnheitsrecht): rules followed generally and for a long time without ever being written down.
  • Enforcement: usually backed by sanctions and enforceable before a court.
  • Object: it regulates the individual's behaviour in society, not their attitude. The law does not care whether you want to steal, only whether you do.
  • Aim: order and security in society.
  • Effect: external. It shapes behaviour through outside pressure (fear of punishment).

Contrast this with the sense of justice (next card), which works from the inside.

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Question

What role do ethics and motives play in making and applying laws?

Answer

Ethical considerations often guide lawmaking, but the legislature regulates behaviour and is not interested in motives. Only when the law is broken does a court weigh the motives. A law felt to be immoral must be changed through legal channels, not by disobeying it.

  • Lawmaking: passing laws is often driven by ethical considerations. In Switzerland, parliament (the legislature) makes the political trade-off.
  • Relief from case-by-case decisions: laws spare the courts (the judiciary) from having to decide every case from scratch.
  • Legal certainty: laws make outcomes predictable, so people can plan.
  • Motives: the legislature only regulates behaviour. The court looks at motives only after the law has been broken, e.g. when it sets the sentence.
  • Immoral laws: they must be changed through the legal process, not by refusing to follow them.

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