Tuesday, August 22, 2006

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claim rights people

A phenomenon like few others will shape this century: the growing relevance of law. With its expansion into everyday aspects of life and the growing importance of knowledge to the right - and own the rights.

Some media splitter, picked up in August 2005: The succession of the Freedom Party in the election commission is unclear. Divided as to what is taking place on the ballot, the BZÖ. Illegally employed nurses are recognized and considered their employers with a financial penalty.

flood of standards as a problem


How does this medial Rundschau, playing the right (and be unpopular, but understood the necessary counterpart, the wrong) in the post-modern society an important role. States across the population considers itself the standard subjects, faced with a trend toward legalization of their habitat, threatened by a veritable flood of standards.

On the Austrian and European level contribute Vienna and Brussels, the responsibility, is the norm globally increase the expression of a socio-economic phenomenon that is still yielding in the deep layers of the society effect. This phenomenon is based on a simple principle: To the extent that the differentiation of global realities increases, the leisure society, more and more outlandish entertainment strategies studied, the career patterns are becoming more fragmented, in short, to the extent to which the people increasing demands provide an ever more complex life grows, the need according to regulations.

A look at history confirms this trend: With industrialization came the the labor and social legislation, the nuclear power plants came the nuclear liability law, the Internet brought the Cyberlaw. One need not be a visionary to establish the claim that the importance of the legal framework (and naturally his transgressions) growing. Metaphorically speaking, the more one-person, the more corporate law. And to put a catchy formula: The 21th Century that will be justice. Opposing developments will not succeed. For even if liberalized life situations - hence (in the constructive sense) lawless - to be done this - necessarily - with the means of the law. A thinning of the material is to take laws just do not.

ignorance of the law as a phenomenon

It is ironic that in parallel to increase the importance of law in the public and private life is a comprehensive, company-border laws ignorance solidified . It follows in the light of the above development, as overriding conclusion clearly that learning has to be right on the obligations of citizens and nationals. be, as will, in their own interest.

The reasons to come to terms with the law are manifold. The following are only two mentions particularly prominent and described reasons, aimed at the importance of the right for the individual and the reasons that appeal to the importance of the individual to the community as a whole.

There are first once entirely selfish reasons, to internalize the law. Only those who know their rights, is able to enforce them effectively. All too often standards are subjugated to victims of violations of the law, they do not even perceive as relevierbares partly wrong and partly, once perceived, because of lack of knowledge of the legal action can be based on himself. These may be violations of traffic regulations: a driver stops his car illegally is not in front of the pedestrian crossing; civil illegalities: a landlord requires a great round to pay for the consumptions of an already previous score, or violations of the Commercial Law: A nightclub operator prevent persons not White from entering his farm.

are also strong arguments for increased legal knowledge, founded upon reasons of public utility. They are based on the sound assumption that, with the knowledge of their rights awareness of the rights of others is growing. This idea is found in different versions in the central traditions of all religions of the book (as in the formulation biblisichen: Love your neighbor as yourself) transported to Rechtsphilosphosische: The rights of each individual end where the rights of others begin. The knowledge of the law means in detail to the knowledge of what good (fair) and what is bad (unfair). Clear that law and justice are different categories, the dictum Radbruch'sche dictum of the unjust law is known. But does not seem to doubt that a member of the community, aware of their rights and the rights of others in every action has in mind to carry the momentum towards a more just society is capable of.

In this sense, to say, in a modification of an exclamation Bruno Kreisky: Get Right! And with the caveat of Realism: Get to justice!

law learning as a solution

already be writing, reading, and a certain education in Western societies as a prerequisite for active participation in social life and in the national development seen. This is the right step into the general consciousness yet to come. Law (and legal awareness) must be taught in schools. It is unquestionable that in compliance with the current hourly reductions even in the core courses, the introduction of new educational content in general - and especially those with a legal Dimension - will be difficult. This has budgetary and political-pragmatic reasons: legal knowledge, not least, creates potential criticism. From evaluative overall picture, however, have to admit to everyone: the challenges that will put the law to the standard subject in the coming years are considerable. There is still no adequate preparation of the standard subjugated to the legal challenges of the future, and that although the community would benefit long term from a legal education.

The solution is simple and elegant way: we set new priorities in education. Forget Pisa! And we think of Vienna (Supreme Court, Constitutional and Administrative Court), Strasbourg (European Court of Human Rights), Luxembourg (European Court) and The Hague (International Court of Justice, International Criminal Court).

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