functioning legal system - complex, economically neccessary
A functioning legal system is complex, but central to social order and economic success.
Legal norm - protective purpose
Legal norms pursue specific protective purposes (e.g., labor, environmental, consumer, data protection, tax law, etc.)
Law - Publicity
Laws are publicly accessible and create transparency and reliability.
Monopoly on the use of force
The state has a monopoly on the use of force, i.e., only state organs may enforce rules by coercion.
Advantage of the state monopoly
Advantage of the monopoly on the use of force: private violence is excluded or prohibited; conflicts are resolved without violence by neutral courts.
Disadvantage of the state monopoly
Courts control administration
Law - other social norms
Law differs from other social norms in that it is binding and enforceable by the state.
Morality and tradition
Morality and tradition are based on social expectations; however, violations only lead to social disapproval, not state sanctions.
Ethics
Ethics concerns the individual sense of justice and is based solely on personal conviction.
Legal Rules - based on morality and ethics
Legal rules are often based on moral and ethical values and have been elevated to legal rules over time
Trust in the state
Transparent and fair decisions strengthen trust in state institutions and promote voluntary compliance with rules.
unequal treatment - compliance
Perceived unequal treatment or corruption weaken this trust and can lead to rules being questioned or deliberately disregarded.