The Law Should Serve to Protect People 13. January 2025

The law should serve to protect people.

At the beginning of every legal system is the question of what is right and what is wrong. Living in a just society and thus enjoying the protection of the law corresponds to a basic human need.

Even in the Stone Age, when people formed groups, they probably thought about the law. Even then, it was not possible to live together without rules. As there was no writing in the Stone Age, no details are known. Writing only emerged when mankind began living in settlements, first in Mesopotamia (cuneiform script). The oldest surviving legal system is the Sumerian Code of Hammurabi by King Hammurabi, who lived in the 18th century BC. The aim of these norms was to create clear rules for living together and thus protect the inhabitants from despotism. The purpose of this was to preserve domestic legal peace.

In ancient Greece, around 400 BC, Aristotle and Plato concluded that justice only exists if all cases are treated equally and therefore all people enjoy the same protection. This principle of equal treatment is still an important principle in today's constitutional state. Greek legal philosophy also shaped legal life in ancient Rome. This gave rise to the Roman Law of the Twelve Tables, which were set up in the marketplace. Citizens could read up on their rights and obligations at any time. This approach guaranteed legal certainty. Roman law has strongly influenced our Western legal systems to this day.

The law in a constitutional state refers to all rules that must be observed based on state decrees. The law always serves justice and thus protects all people from arbitrary action.

The idea of protection is intrinsic to the law. Equal things must be treated equally, and unequal things must be treated unequally. The law therefore protects all people with an independent judiciary and fair procedural rules. Protection in a constitutional state means that there is no law without justice.
 

Justice is always the highest goal of law. The legal philosopher Gustav Radbruch formulated this as follows: “Law is the will to justice. But justice means: to judge without regard to the person, to measure all equally.”

Like judges and public prosecutors, lawyers are an indispensable part of our legal system. Lawyers are responsible for representing and enforcing the interests of their clients within the framework of the rule of law. They must ensure that their clients “obtain justice”. In other words, their work protects their clients from unjustified claims. And the lawyers themselves? Do they also need the protection of the law?
 

Yes, they do, absolutely! The legislature protects lawyers and their work by subjecting them to legal professional privilege. The state and private individuals have no access to the lawyer's knowledge and documents and ... it also protects them from their clients!
 

There is a saying in legal circles that goes: “The lawyer's greatest enemy is his own client.” Lawyers repeatedly encounter clients who expect them to put their interests above those of the rule of law. The legal system gives lawyers the legal means to defend themselves against such unjustified requests. A lawyer who disregards the legal norms - even if he does so in the supposed interests of his clients - puts himself in the wrong and thus becomes vulnerable to blackmail and loses the moral basis for practicing his profession. He loses the protection of the law.

Conclusion:
What distinguishes God from lawyers? God does not believe that he is a lawyer.
 

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