Die Kunst des Unterscheidens zwischen Recht und Gerechtigkeit
Studien zu einer Grundbedingung der Rechtsfindung
Carl-August Agena, Horst Helms, Albert Janssen, Jörg-Detlef Kühne, Heinz-Christoph Link, Jan Schapp
A precondition for every judical decision is an awareness for the correct relationship and differentiation between the law and justice. The art in this process of resolving an arising conflict of interests lies, after due thought, in the resolute conclusion that a just solution is not simply to be found in a preordained idea of justice but must be sought for each case. The lawyers experience of the solutions in similar situations gives him the necessary direction in which he must seek a just decision. This book sets out to develop this thesis in three steps by surveying the thoughts of Otto von Gierke and Wilhelm Henke on law and the thoughts of Gerhard Ebeling about the theological fundamentals of law.
