Juridical
The term juridisch is differentiated from the term juridical in the German scientific language , especially the legal philosophers and ethicists .
Legal means the training and professional practice of lawyers and the application of the law. Juridical, on the other hand, means the moral and ethical derivation of law and its recognition and compliance by the individual. The opposition between natural law and so-called positive law is of a juridical nature. Likewise, there are a number of right-generating considerations of the constitutional judges .
The word juridical preferably relates to existing law, while the word juridical has shifted the focus on the origin of the law and on the law that has not yet been established or has been questioned again.
If someone z. If , for example, you never cross the street at the red traffic light in the presence of children, then this is more of a legal-moral decision than a legal-practical one . This is because the likelihood that the person will be prosecuted for ignoring the red pedestrian light is negligibly small.
Examples of use
The above distinction becomes clear in legal , legal history and legal philosophical studies; so with Immanuel Kant's The Metaphysics of Morals :
“That [legislation] which makes an act a duty and this duty at the same time a driving force is ethical. But that which does not include the latter in the law, and therefore also allows another driving force than that of the idea of duty itself, is juridical. "
Another example of the use of the term is Dietmar von der Pfordten :
"While the laws of freedom in individual ethics also regulate the determinants of the formation of individual maxims, in the area of juridical-political ethics they only refer to external actions."
Synonymous with legal
In Austria as well as in the Dutch language , the term juridically is used synonymously with juridical .