gesetz

Gesetz is the term used in German-speaking legal systems for a statute enacted by a legislative body. A Gesetz comprises codified rules that regulate public and private life and is binding within its jurisdiction. The word is also used in science to denote a law of nature, such as a physical law (Naturgesetz).

Etymology: from Middle High German gesetz, from setzen “to place, fix”; originally meaning something fixed or established, later referring to a written rule.

Scope and form: In Germany, Austria and Switzerland, laws may be federal or regional. In Germany, federal laws are called Bundesgesetze and state laws Landesgesetze; in Austria, Bundegesetze and Landesgesetze; in Switzerland, Bundesgesetze and Kantonsgesetze. The Basic Law of Germany (Grundgesetz) functions as the constitutional charter for Germany. Other well-known statutory codes include Germany’s Bürgerliches Gesetzbuch (BGB, civil code) and Strafgesetzbuch (StGB, criminal code), as well as procedural statutes like the Strafprozessordnung (StPO). In each country, a Gesetz is proposed, debated in the legislature, adopted and promulgated, usually published in an official gazette and entering into force on a specified date or on immediate effect.

Distinctions: Gesetz is distinct from Recht, the broader body of law and doctrine, and from Verordnung, a regulation issued by an executive authority. The term Gesetz also appears in non-legal contexts to denote laws of nature.