Relativity of Legal Concepts
As relativity of legal terms is called in law the dependence of the terms from the field of law or the law in which they are used. Even within a legal system , terms can have different meanings if terms are legally defined differently in different laws , the objectives of the corresponding laws differ or the meanings shift due to different legal developments .
Examples
- In the German Civil Code, the term property only refers to property , whereas in the Basic Law it refers to property as well as intellectual property .
- The night is defined differently in several German laws:
- 7 p.m. to 7 a.m. ( Section 9 (2) fee schedule for veterinarians )
- 8 p.m. to 8 a.m. ( Section 8 (1) No. 1 fee schedule for doctors , Section 8 (3) fee schedule for dentists )
- 8 p.m. to 6 a.m. ( Section 5 (1) of the Maternity Protection Act )
- 9 p.m. to 4 a.m. (April to September) or 6 a.m. (October to March) ( Section 104 Code of Criminal Procedure )
- 9 p.m. to 6 a.m. ( Section 758a Paragraph 4 Sentence 2 Code of Civil Procedure , Section 5 Paragraph 3 Sentence 2 Administrative Delivery Act )
- 10 p.m. to 6 a.m. 16. BImSchV , Annex 2 , 2.3 Form symbols
- 11 p.m. to 6 a.m. (in bakeries and pastry shops 10 p.m. to 5 a.m.) ( Section 2 Working Hours Act )
- Beginning of twilight until full daylight ( Section A, Paragraph 8 of the Railway Signal Regulations )
- half an hour after sunset to half an hour before sunrise ( Section 33 sentence 2 of the Aviation Act )
- one and a half hours after sunset to one and a half hours before sunrise ( Section 19 (1) No. 4 of the Federal Hunting Act )
literature
- Daniela Demko: On the "relativity of legal terms" in criminal offenses , Duncker & Humblot, Berlin 2002, ISBN 3-428-10551-6 . (At the same time: dissertation at the University of Potsdam 2000).
- Rudolf Müller-Erzbach : The relativity of concepts and their limitation by the purpose of the law: to illuminate the conceptual jurisprudence; Lecture given in the Vienna Legal Society (contained in: Rudolf von Jhering's year books for the dogmatics of civil law, volume 61), Fischer, Jena 1913, (SWB catalog no. 045055076).
