Rechtsgüterordnung

Rechtsgüterordnung refers to the hierarchical system of legal interests that a legal order protects. It acknowledges that not all legal interests are of equal importance, and therefore, some deserve a higher degree of protection than others. This ordering is fundamental to understanding how laws are structured and how penalties are assigned in various legal systems.

The concept of Rechtsgüterordnung is particularly relevant in criminal law, where the severity of an offense and the corresponding punishment are often directly related to the legal interest that was infringed. For instance, interests such as life and physical integrity are generally considered to be at the highest level of this hierarchy, followed by property, honor, and other less fundamental interests. This prioritization influences the definition of crimes, the elements required for their commission, and the range of penalties available.

Judicial interpretation and legislative drafting are guided by this underlying order. When new legal norms are created or existing ones are applied, courts often implicitly or explicitly consider where the protected interest fits within the broader Rechtsgüterordnung. This provides a framework for legal reasoning and ensures a degree of consistency in the application of law. The specific ordering can vary between different legal traditions and jurisdictions, reflecting their unique societal values and historical development. However, the general principle of recognizing and prioritizing certain legal interests over others is a common feature of most developed legal systems.