ABSTRACT
T H E creatio n o f th e lega l propositio n take s plac e everywher e under th e influence of the concep t o f justice. O n the basis of this concept, the judge finds the norms for his decision when there is no legal proposition to guide him. A statute, a judicial decision , an administrative action b y the state , is judged accordin g to it s inherent justice . Ever y political party ha s chose n justice, a t leas t according to its alleged conviction , as its goal. I n all these cases, what is the concrete conten t o f the concept o f justice? An d since, in th e cas e of the nor m for decision , o f the lega l proposition, of criticism, of political parties, i n general i n the case of all law, we are dealing with interests whic h are to be protected, or to be given effect t o b y law , we must pu t th e questio n thus : Whic h ar e th e interests tha t ar e considere d just ? Hedeman n ha s investigate d this questio n i n a wide r connection , limitin g hi s investigatio n however t o the privat e law legislation of Germany , Austria , and Switzerland i n th e nineteent h century , an d ha s solve d i t i n a manner tha t meet s the mos t rigorou s demands of science. Her e however w e must disregar d th e usua l classificatio n o f law. W e are no t concerne d wit h th e influenc e o f justice upon private law, criminal law, administrative law, procedural law , but wit h inter - ests which ar e t o b e protected b y private law , criminal law , administrative law, and procedura l law, according to justice.
