rechtsgewicht

Rechtsgewicht is a term used in German-language legal philosophy and social science to describe the normative force or binding authority of legal norms. It refers to how strongly a rule constrains behavior, guides decision-making, and commands compliance, beyond the mere textual form of the law. The concept encompasses the perceived legitimacy of a norm, its sanctions, and its practical enforceability.

The term is not standardized and its use varies by author. It can be employed to compare the weight of different norms within a legal system, such as the relative authority of constitutional provisions versus ordinary statutes, or the primacy of fundamental rights in judicial reasoning. In constitutional theory, higher rechtsgewicht implies that a norm regularly influences court decisions and public administration and is trusted by the population. In rights discourse, emphasis on rechtsgewicht highlights how strongly rights shape policy choices and institutional behavior, even when political support is limited.

Applications often involve assessing how normative weight translates into real-world effects, including enforcement practices, judicial activism or restraint, and compliance rates. Critics note that without a precise definition, rechtsgewicht risks becoming a vague umbrella term for political influence, popular support, or practical power rather than a clear measure of normative authority.

See also: Rechtsnorm, Rechtsstaat, Normative authority, Rechtskraft, Rechtswirkung.