Law
Germany's legal system is a civilian system whose highest source of law is the 1949 German Constitution, which sets up the modern judiciary, but the law adjudicated in court comes from the German Codes; thus, German law is primarily codal in nature. The court system adjudicates (1) public law (öffentliches Recht), that is, administrative law (civil-government litigation or litigation between two government bodies) and criminal law, and (2) private law (Privatrecht). German law is mainly based on early Byzantine law, specifically Justinian's Code, and to a much lesser extent the Napoleonic Code.
German law is not impregnated with legal positivism to the extent of Napoleonic legal systems, so Germany's judiciary is not subordinated to the legislature, and decisional law has greater importance, though not to the extent of common law systems. The court system is inquisitorial, thus judicial officers personally enter proof and testimony into evidence, with the litigants and their counsel merely assisting, although in some courts evidence can only be tendered by litigants.
Read more about this topic: Judiciary Of Germany
Famous quotes containing the word law:
“I was not born to be forced. I will breathe after my own fashion. Let us see who is the strongest. What force has a multitude? They can only force me who obey a higher law than I.... I do not hear of men being forced to live this way or that by masses of men. What sort of life were that to live?”
—Henry David Thoreau (1817–1862)
“Without doubt God is the universal moving force, but each being is moved according to the nature that God has given it.... He directs angels, man, animals, brute matter, in sum all created things, but each according to its nature, and man having been created free, he is freely led. This rule is truly the eternal law and in it we must believe.”
—Joseph De Maistre (1753–1821)
“The most absurd apology for authority and law is that they serve to diminish crime. Aside from the fact that the State is itself the greatest criminal, breaking every written and natural law, stealing in the form of taxes, killing in the form of war and capital punishment, it has come to an absolute standstill in coping with crime. It has failed utterly to destroy or even minimize the horrible scourge of its own creation.”
—Emma Goldman (1869–1940)