Rechtskultur und ihre Erscheinungsformen am Beispiel der Bundesrepublik Deutschland

• Title in English: Legal culture and its manifestations using the example of the Federal Republic of Germany
• Authors: VALC Jakub
• Year of publication: 2024
• Description: The book deals with the characteristics of German legal culture. First, the etymological and theoretical background is highlighted, particularly with regard to the analysis of the terms ‘culture’, ‘law’ and ‘legal culture’, whereby the meaning of the competing terms ‘legal system’ and ‘legal order’ is also discussed. Subsequently, European, Anglo-American and Islamic legal culture is compared to illustrate the value base of national legal cultures and legal systems that fall within their scope. This also applies to German legal culture as one of the European legal subcultures, the development of which was influenced by specific social, legal and political circumstances. In this context, both the development of the relationship between German customary law and Roman law and the phenomena associated with the era of codifications and the rise of legal positivism, including the renaissance of natural law in the post-war period as a consequence of Nazi injustice, are discussed. Finally, the current form of legal culture in the Federal Republic of Germany is described, the value orientation of which is reflected in the constitutional foundations of the state and the associated functioning of the legal system, including the forms of the separation of powers, the institutional independence of the judiciary and the role of jurisprudence in all forms of law and its manifestations.