The German Legal System
Uploaded by lanester901 on Oct 26, 2011
This paper explores the German legal system and discusses the ramifications of the dissolution of the East German organization THA, and the transfer of its assets to the West. (9 pages; 4 sources; MLA citation style)
I Introduction
The German legal system is one of the oldest codified sets of laws in the world. I chose to examine it because of the nation’s troubled and bitter history; its division and subsequent reunification, and its rise to become one of the powerhouse economies of the globe. In short, German history is fascinating.
In this paper I examine the German legal system, and argue that its structure directly influences its decisions.
In the first paragraph, I introduce Germany as it is today; subsequent paragraphs in the section entitled “History” trace the development of the German legal system over the centuries, particularly the fact that there is no jury trial in Germany. The section entitled “The Courts and Policymaking” considers some of the ramifications of the German legal system and the relationship between the courts and public policy, as illustrated by a scholarly paper by Mark Cassell entitled “Privatization and the Courts.“ The conclusion briefly recaps some of the main points of the paper.
II History
Germany today is a nation of over 85 million people. It has a bicameral Parliament comprised of the Federal Assembly (Bundestag) and the Federal Council (Bundesrat); the chief of state is President Johannes Rau and the Head of Government is the Chancellor, Gerhard Schroeder. Both are elected by the votes of a Federal convention. The Parliament has 603 seats, and its members are elected by popular vote, in a system that combines both direct and proportional representation. Judges are elected by the Parliament; half by the Bundestag and half by the Bundesrat. (“Germany,” PG).
Early German history takes us to a world of unsettled, nomadic tribes; a loose collection of fierce warriors that seems to be an unlikely candidate to develop the kind of organization and power we associate with modern Germany. However, by about 500-888 AD, the “nation’s migration” ended. (Freckmann, p. 2). At the time, Germanic tribes had been gradually unified under the power of the König der Franken (Salic-Frank king)…” (Freckmann, p. 2). “During the Salic-Frank period … law produced by a legislator appeared. It was the first time that legal rules had been recorded and intentionally...