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:
““Teacher, which commandment in the law is the greatest?” He said to him, “You shall love the Lord your God with all your heart, and with all your soul, and with all your mind.’ This is the greatest and first commandment. And a second is like it: You shall love your neighbor as yourself.’ On these two commandments hang all the law and the prophets.””
—Bible: New Testament, Matthew 22:36-40.
“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)
“According to the law of nature it is only fair that no one should become richer through damages and injuries suffered by another.”
—Marcus Tullius Cicero (106–43 B.C.)