Rechtsregeln

Rechtsregeln are normative standards within a legal system that regulate human conduct, allocate rights and duties, and provide consequences for non-compliance. They are intended to create predictability, fairness, and social order by specifying what is permitted, required, or forbidden and by outlining remedies or sanctions for violations.

Legal rules can be written or unwritten. They include codified statutes and regulations enacted by legislatures or administrative bodies, as well as case law and judicial decisions that interpret and apply the law. In many systems, customary law also forms Rechtsregeln, evolving from long-standing practices that are recognized as legally binding. The content of Rechtsregeln ranges from general prohibitions and duties (for example, prohibiting theft or requiring payment of a debt) to procedural rules (such as how a lawsuit is filed) and substantive rights (such as ownership or contract rights).

Key features of Rechtsregeln are generality and abstractness: they are designed to apply to a broad class of situations rather than to a single concrete act. They aspire to be applicable within a specific legal order and are backed by state coercive power, meaning violations can trigger penalties enforced by courts, police, or administrative authorities.

Rechtsregeln function within the Rechtsordnung (the legal system) and are interpreted and applied by institutions such as legislatures, courts, and administrations. They are distinct from moral or social norms by their binding legal force and formal mechanisms for enforcement, though they may interact with ethical considerations in practice. Related concepts include Rechtsnormen, Rechtsprinzipien, and Rechtsquellen.