9. Understanding of Law in the Context of the Project
Law, in the context of the project, is not merely a system of rules but an expression of an ethical fundamental principle: the will toward justice. It emerges where people mutually recognize each other and create binding forms of coexistence. Law is a relationship, not a command.
Following Rudolf von Ihering’s perspective, law is not a gift from the state but an achievement—gained through the struggle for recognition. Those who silently accept injustice discard a part of their own dignity. Law lives through people taking it seriously, invoking it, protecting it, and further developing it.
Georg Jellinek emphasizes the social function of law: it is not merely an individual possession but a societal connection. A legal system that merely declares human rights but does not guarantee them is incomplete. Therefore, the state, in the context of the project, assumes a clear role as a guarantor: ensuring actual access to rights—institutionally, socially, and culturally.
Law, as understood by the project, is dynamic. It exists in the tension between order and justice, between individuality and community. It is not just legality but lived legitimacy. It thrives on dialogue, transparency, and the willingness to evolve.
A just legal system not only protects against violations but also encourages self-assertion, critique, and participation. It is not a cage but a space of possibility. And it must never stand above humanity but measure itself against human dignity.