Home

Rechtsnatur

Rechtsnatur is a concept in German law that refers to the internal structure or content of a legal norm. It is often contrasted with the term "Rechtssubstanz," which refers to the external form or expression of a legal norm. The Rechtsnatur of a legal norm determines its true nature, function, and effects, regardless of how it is expressed or formalized.

In German law, the Rechtsnatur is important for understanding the meaning and scope of a legal norm.

The concept of Rechtsnatur has been shaped by the works of German legal scholars, particularly Rudolf von

The Rechtsnatur approach has been influential in shaping legal scholarship and practice in Germany and other

It
involves
identifying
the
underlying
purpose,
policies,
and
principles
that
underlie
a
particular
legal
rule
or
provision.
This
approach
is
in
contrast
to
a
more
formalistic
approach,
which
focuses
solely
on
the
external
form
of
the
law.
Jhering
and
Hans
Kelsen.
According
to
Jhering,
the
Rechtsnatur
is
the
"substance"
or
"essence"
of
a
legal
norm,
which
is
independent
of
its
formal
expression.
Kelsen,
on
the
other
hand,
saw
the
Rechtsnatur
as
the
"material
meaning"
of
a
legal
norm,
which
is
derived
from
the
underlying
social
and
economic
facts
that
give
rise
to
the
need
for
the
law.
countries.
It
emphasizes
the
importance
of
understanding
the
underlying
structure
and
content
of
the
law
in
order
to
interpret
and
apply
it
effectively.
By
focusing
on
the
Rechtsnatur
of
a
legal
norm,
lawyers
and
judges
can
gain
a
deeper
understanding
of
the
law's
purpose
and
effects,
and
make
more
informed
decisions
in
their
work.