How can you confuse laws and rules

Law and Justice - A Difference?

As a lawyer, one is often confronted with the client's desire for justice. The longing for justice is our human being. Law and justice are, however, not identical, although the terms are often equated or confused.

Law

What is right If you want to compare it in a nutshell, you could say right, those are all rules (norms) to which we are subject in the interests of the common good. What is meant are laws (in any form) and rules of conduct that are accepted and followed as binding in the community.

justice

Justice is against it scale for the individual behavior of people. It is - again shortened - that Same thing and Unequal unequal is treated. Accordingly, the announcement patent for the (still valid) ABGB from 1811 refers to the general principles of justice, which are seen as necessary to give citizens full peace of mind about the guaranteed enjoyment of their private rights. The existence of an independent judiciary and fair procedural rules are the prerequisites for justice and the avoidance of vigilante justice. Guaranteed accordingly Article 6 the Human rights convention the right to a fair trial and reads as follows:

Everyone has the right to have any dispute relating to their civil claims and obligations, or any criminal charge brought against them, fair, publicly and within a reasonable time, by an independent and impartial court based on law.

General principles of justice break through law

The law recognizes moral principles - general principles of justice - which are so generally recognized that no special legal provision is required to apply them. These principles break through even the written standard, judges the Supreme Court (RS0008957) and thus translates the Radbruch formula for Austria. The very same Gustav Radbruch said in his “Five Minutes of Legal Philosophy” that law is the will to justice. But justice means: to judge without respecting the person, to measure all by the same measure.

Lawyer - Law and Justice

As Lawyer I see mine Clients often in the field of tension between law and justice. I am standing there at your sidein order for her Law stand up and theirs justice to claim for them.