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Schermaier, Martin J. --- "German Law" [2006] ELECD 177; in Smits, M. Jan (ed), "Elgar Encyclopedia of Comparative Law" (Edward Elgar Publishing, 2006)

Book Title: Elgar Encyclopedia of Comparative Law

Editor(s): Smits, M. Jan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845420130

Section: Chapter 26

Section Title: German Law

Author(s): Schermaier, Martin J.

Number of pages: 16

Extract:

26 German law
Martin J. Schermaier


1 Germany and its law
It may surprise other Europeans just how closely Germans identify them-
selves with their legal system and their law. The familiar claim that Germany
is ruled by `law and order' does not adequately reflect this phenomenon.
Law, rules and the enforcement of rules play a greater role in German daily
life than in other European countries: you will not find any daily newspaper
which does not report court proceedings of local or national importance;
there is scarcely any evening news without a `Report from Karlsruhe', the
location of the most important German superior courts. The number of
lawyers is very high by European standards (one lawyer per 600 inhabi-
tants). German law, above all civil law, is still regarded as among the best in
the world. Following the opening up of Eastern Europe, many countries
have restructured and codified their domestic law using the German legal
system as their model. German legal education also enjoys a high reputa-
tion. German law graduates possess good methodical abilities, adopt a case
and problem-oriented approach and an increasing number have studied
other European legal systems as well as their own.
There are many explanations for these phenomena. However, history
undoubtedly offers the best way of explaining the relationship between the
Germans and their law. The two most important internal factors which
have determined the legal consciousness of the Germans are the tradition
of `Gelehrtes Recht' (Roman and canon law) in Germany, ...