Yourdailygerman Advocalendar
“Laying down the law“
♥♥♥♥♥♥♥♥
Two free lessons used this month
Want to keep learning?
Become a YourDailyGerman member and get unlimited access to all German
lessons and grammar practice tools.
Already a member?
Already a member? Log in here
Audio Speed
Dark Mode
Cleaning, then law…what a range! All super interesting. I would say “sublime to ridiculous” but can’t figure which might be which
Hahahah, glad you enjoy it!
Great explanation. Thanks so much.
The Unicorns aren’t going to like this one!
Unicorn don’t like anything related to the law!
Another great article with interesting insights into the differences between Europe and the US/UK…
…though I have to say I’m equally delighted by Emanuel’s calm, reasoned responses to the various outraged diatribes posted in the comments section. It all seems so sterotypically practical and Germanic!
Are you saying I am BORING?!?! (kidding :))
I’m an American lawyer (retired) as well as a solicitor of England and Wales (not practicing). Our shorthand for this situation is “code countries” (e.g., continental Europe) and “common-law countries” (e.g., UK, US). And Canada isn’t the only common-law country with a “code” region – the US state of Louisiana still relies a great deal on French/Spanish code principles in civil (as opposed to criminal) cases.
From your perspective, how big would you say the differences really are in practice?
The underlying legal principles are often very similar, but the mechanics of argument are quite different. In code countries you would argue based only on the wording of a statute. In common-law countries you would argue based not only on the wording of a statute (if there is one on the subject), but also on centuries of case law in which the courts have interpreted the statute (and on the centuries of other courts’ case law). :)
That sounds like aLOT more work for a common law lawyer. Like…. you have to dig through sooooo much stuff and the counterparty can always pull some old case out of their hat that you missed.
As a retired attorney from Louisiana as a former French then Spanish, then French again colony, is a civilian jurisdiction, but mixed, the civil, or non-criminal, laws expressed in the Revised Civil Code, derive from the Napoleonic Code Civil as well as Spanish civilian law, but criminal law is based on the common law. One professor in my school, Mitchell Franklin, was a huge advocate of the German Civil Code, the BGB – which we, the students took to being the “Big German Book”. We should also remember that that the territory, Puerto Rico, is also a civilian jurisdiction.
Hahaha, “Big German Book” – a very fitting title.
So I have found during my research that in Canada, you need two different certifications, depending on whether you’re in Quebec or not.
How is it in Louisiana then… can you just focus on one of the two, do you HAVE to learn each of them separately or do you learn both “systems” side by side when you study law there?
And another question… would you say every average lawyer in the US is aware of these differences in the origins of the legal system, or can you become a lawyer completely oblivious to how it works in continental Europe?
I’ll defer to Paul on Louisiana practice. On the second question, the average common-law-country lawyer is aware of the differences (we learn about them in law school) but in practice they’re irrelevant to us. Unless you’re in Louisiana. :D
Get ready for a really weird question:
Suppose judge A makes a ruling. Then, 50 years later, judge B has a case and he HATES judge A because there are some family ties.
Lawyer X brings up the ruling of judge A, knowing full well how much judge B hates judge A. Can lawyer Y (the counter party) have this line of arguing be dismissed because the judge is not neutral with regards to the ruling of A?
Actually, I think I overcomplicated it.
Suppose lawyer X brings up ruling A and judge B dismisses it. Can lawyer X, aware of the hate, argue that the judge dismissed it because of personal reasons?
What I’m getting at is that in common law system, there seems to be a potential for relationships between judges getting into the court room.
(not that it’s a bad thing… it’s just another layer :)
I haven’t seen that happen. If a judge were to rule against you just based on personal feelings, it would be a violation of the ethical rules and those are usually taken pretty seriously. If you had proof it happened, you should be able to appeal and get the decision thrown out (assuming that was the only reason you lost). If you can’t prove it, you might as well go try to nail jello to a tree.
I can only speak for California, but you have a chance early on to disqualify the judge who’s assigned to your case. You basically say “I think this judge is biased against me for some reason.” No further explanation, no proof required. And then you get a new randomly assigned judge. So if you think the judge might not be good for your case, you use that right. You can only do that once, unless the judge makes a ruling that gets overturned on appeal.
Gee, are you all lawyers?! That’s crazy :)!!
What about the present Roe vs Wade in the USA? It appears from the outside-looking-in, there are many personal feelings driving decisions. And since the SC said the Tx law could stand but people could challenge it, that seems a bit less-than-following codes. Transparency: I am veterinarian, so I don’t know anything about this stuff. But it is very interesting. I am glad E. brought this topic up. I like studying the differences.
I have heard lawyers relating a conversation with a common law lawyer and having warned the outsider of the “wandering anticresis” and thereby being retained on the basis off that warning for advice on LA matters. Never happened to me. But I have spent a lot of time explaining some of our forms of collateral security agreements, particularly collateral mortgages. In sum, we generally get to the same result, just by somewhat different paths and terminology.
I officially did not understand anything :D
Is it only LA? What about Portland? Or Chicago?
Just for clarification for those non-US citizens: our post office uses two letter designations for states. People often refer to a state by its postal code. LA is the code for Louisiana not the city of Los Angeles. CA is California. Most often the fist two letters of the state are used but when there is overlap other letters of the state are used: Maine is ME to differentiate from Massachusetts, MA. Your PSA for the day :)
I was confused for a second at first, but then I figured this.
Why is it LA though? There’s no LO, right?
For qualification, there is only one certification. And a lawyer will advise on matters governed by the Civil Code; property, personal law, ie marriage, estates (succession), as well as advising on federal law matters which of course are based on common law. But, in a case under federal jurisdiction concerning a civil matter governed by Louisiana law – such as real estate (immovables in LA terminology) the federal judge applies Louisiana civilian law.
To pass the bar in Louisiana, you have to pass the Civil Code sections of the exam, but lawyers can qualify without that in certain situations. Most often out of state lawyers or those not familiar with the Civil Code associate with a LA lawyer who has trained with the code.
Regarding Brexit. Best way to understand it is to “follow the money”. All the indications are that some very dirty transactions were used to fund the Brexit campaign and create disinformation. Some of the people who benefited are well known – Farrage, Rees-Mog, the man behind Cambridge Analytica whose name I forget – but there are hints of much murkier links too. Brexit was a scam, and a very successful one for a few. For the rest of the Brits – remainers or brexiteers – it was a train wreck whose full scope is yet to be revealed
After skimming the above comments I would just like to hold up a trigger warning: I don’t apologize for my opinions and if anyone gets offended (despite no offense intended) let it be reminded, that we all own our feelings – you are entitled to them – deal with them.
Brexit is crap. It’s crap for England und zwar for die Engländer and it’s crap for Europe.
All this unfounded whining about Brussels deciding for us yadda yadda. Well, look at it now: Post-Brexit BoJo has fallen for the ’Rona-phobia peer pressure the rest of the world is peddling. Not many months after Freedom day he (not Brussels) has limited the freedoms of the citizens in his Brexited ”paradise”.
So, how are BoJo’s draconian ’Rona-regulations any less offensive than anything Brussels could command us to do? Would Brussels demand that all of Europe force their citizens to mask? Is Brussels supporting a certain country’s choice, (let the country be unnamed, but do remember that He Who Shall Not Be Named was born there) to make injections mandatory? And where’s the freedom of choice now? No vaxx, no concert. No vaxx, no restaurant. No vaxx, no entry. No vaxx, no freedom. Top-down decision from Brussels?
If Brussels had mandated any of this nonsense, Sweden would have also gone into lockdown, donned masks, started putting up fences between ”us” and ”them” and perhaps even forced injections on her citizens. But we belong to EU and lo and behold, we are allowed to think for ourselves!
Is Brussels deciding that no other EU-country can report on Sweden’s ’Rona numbers also rising, but not as high or at the same speed DESPITE no lockdown and no masking? Or is it each separate member of the EU that has decided for itself: let’s not report objectively about Sweden – we don’t wanna open a discussion about how more than one lockdown, nearly 2 years of masking and vaxxing over 70% of the population isn’t helping? And now even the vaxxed are getting infected and still, no one is saying ”basta”. Did Brussels decide this, or has each individual EU-member decided for itself?
The numbers are rising no matter what, it’s a virus, its modus operandi is to mutate and infect. Welcome to life. None of us get outta here alive, has Brussels decided that we have to spend the duration locked indoors masked, eating beans out of a can, or was that BoJo? If Brussels decides over EU-members, then why is Sweden not being obedient? Why is Sweden still respecting freedom? Is there more liberty in post-Brexit England or has it become the same quasi-dictatorship many of the other EU-states (besides SE) have become? Same Scheiße but not invited to the party.
Perhaps it’s time to admit that Brussels is nothing compared to the draconian regulations in place in most of the EU. That the power of keeping people frightened and thus more susceptible to the perniciousness of peer-pressure is worse than anything Brussels could decide. If Brussels had the power to decide over us, they’d be commanding us to unite, to question authority, to demand the return of our freedom and to keep washing our hands and coughing in the crook of our arm. They might even be generous enough to allow those who wanted to mask and stay locked up at home, to continue doing so. If Brussels had as much power as the pro-Brexit mongers thought, Brussels would unite us to be strong and not allow the nonsense that has become our reality.
Meiner Meinung nach: Brexit sucks for everyone and I don’t see England using their new found freedom from the ominous Brussels to go her own way. Sue me.
Soundtrack suggestions:
Fleetwood Mac: Go your own way
Frank Sinatra: I did it my way
Gloria Gaynor: I will survive
Frank Sinatra: Come fly with me (the unmasked version)
Elton John: I’m still standing
ELO: All over the world
Steppenwolf: Born to be wild
Paul Simon: The boy in the bubble
The Beatles: Come together
Nina Simone: Don’t let me be misunderstood
Wow, that was a really interesting take. I never thought about comparing the UK and Sweden in terms of EU membership, but now that you say it, Sweden seems to have no issue with it at all.
And to add a bit more detail… in Germany, it was actually a perpetual battle between the single states, whether or not we should have common restrictions or not. And more often than not, we didn’t. So Bavaria would have different (more stringent) rules than Berlin. Took a while for Merkel to get some sort of common thread into this.
So yeah, the federal Germany had a precious little issue with Brussels with all this stuff.
When push comes to shove, countries will be countries anyways, EU or no EU. We saw how quickly border controls were back in place. No one cared.
So one might just as well be in the EU for all the benefits it brings with it.
Yes, we might as well all be in the EU and, at this point, Sweden, a paradise compared to pretty much EVERYWHERE!
The goodwill of politicians? Sorry to disagree with you, but IMO, they’re all crooks! And yes, they care nothing for the poor, I’m with you on that one!
Politics as a tough job and it’s poorly paid compared to finances for example. Why would a leftie politician enter the arena?
What about politicians on a local and communal level? Are they all crooks too? What about their friends? Are those crooks, too?
At least for Germany, calling all of them “crooks” is not fair. But I have had plenty arguments about this with my girlfriend who is from Bulgaria and it really depends on the country you come from.
Do you think Merkel gained anything from the whole rona stuff other than a very stressful last two years of her tenure?
Alle meine deutsche Freunden in DE haben gesagt: Mutti hat das mit den Asylsuchenden toll gemacht aber das mit dem ‘Rona ganz und gar durcheinandergebracht.
Die Freunde sind Links, Mitte und Rechts (ich bin sehr demokratisch beim Freunde-Auswählen).
Ich finde, das es weniger mit Mutti zu tun hat, als es mit den Bürgern zu tun hat.
Es sind die Bürger, die Fragen stellen müssen, ihre Wünsche verlangen müssen usw.
Und jetzt, when all the leaders are stuck, unable to do The Right Thing ohne losing face, it is the reponsibility of the citizens to protest, make demands and question authority to give „authority“ an honorable escape route out of this machiavellian mess.
Let them throw up their arms in pseudo anger saying, Fine then, if that‘s what you all want, then so be it, but you all have to take responsibility for yourselves!
Meine Fresse! Don‘t any of these so-called leaders have kids? That‘s EXACTLY how parents save face when changing their mind when enforcing a rule.
It‘s win/win, everyone saves face and above all, WEIHNACHTEN is saved! Not to mention a better return on Mother‘s day, know what I mean?
The problem with that is that the people who were protesting measures throughout 2020 are 80% complete morons.
I am strongly against a vaxx mandate and I am also against restrictions for unvaxxed people (except hospital staff), but I will not walk next to these “Querdenker” in a protest.
And no, I don’t think they’re all Nazis. I think they’re mostly really egocentric assholes. I just can’t do it.
And I’m sure I’m not the only one. Many level headed people have been worn down in arguments and have lost friends over “BiLl GaTeS” and microchips. The idiots have occupied legit resistance long ago, and now there is barely any, when one would be needed.
Talking about self fulfilling prophecies.
Querdenker sind keine egozentrische Arschlöcher. Sie haben eine Meinung und sie sprechen diese Meinung aus. Das ist unser Recht, unser Meinung auszusprechen, besonders wenn unsere Freiheit beschränkt geworden.
Querdenker ist eine positive Sache – wir benötigen Leute, die außerhalb dem Kasten denken. Querdenker möchten Freiheit für alle, nicht nur für diejenigen, die die gleiche Meinung wie sie haben. Querdenker stellen Fragen.
Volldeppen sind überall. Es gibt Querdenker, die mich wegen der Maßnahmen angeklagt haben: Ich bin gar nicht solidarisch; hätte ich mich nicht geimpft, wären wir mehrere die ungeimpft wären, und es wäre dann unmöglich, diese doofe Maßnahmen einzuführen.
Es gibt Impf-Anhänger, die mich wegen der Mutation des Coronas angeklagt habe: Ich bin nicht solidarisch, weil ich bin keineswegs bereits eine Maske zu tragen oder mich impfen zu lassen und deswegen mutiert das Virus.
Ich sage: doch bin ich solidarisch: mit mich selbst. Ich will mich nicht impfen lassen aber ich will auch nicht meine Freiheiten beschränken lassen. Ich verfluche die Diktatoren, die mich gezwungen haben, diese Wahl zu treffen. Ich verfluche die Volldeppen auf beiden Seiten, die nicht respektieren, dass ich über mich selbst bestimmen darf, was MIR passt. Dass ich bin nicht halb so egozentrisch wie alle, die erwarten, dass ich bereit bin, für andere Opfer zu bringen, bezüglich ihrer Meinung über Corona.
Nein, ich will mich nicht impfen lassen, aber ich wäre in den Knast gegangen, um für die Recht der Impf-Anhänger zu kämpfen. Es handelt gar nicht von einer Impfung, es handelt davon, das niemand anders über unsere Körper bestimmen soll. Es handelt davon, dass man niemanden wegen dessen Glaube benachteiligen darf. Es handelt davon, dass wir besser wissen, Zäune zwischen uns und euch aufrichten zu lassen. Es handelt davon, Leute in Verruf bringen, die nicht unsere Meinung teilen. Wir sollten dieses schon gelernt haben.
Jetzt sind wir in Gruppen geteilten, die gegen einander kämpfen und während wir damit so beschäftigt sind, haben wir unsere Verantwortung als Bürger und für uns selbst vergessen: wir sollen Autoritäten hinterfragen und um uns selbst kümmern, ohne dass, man anderen dabei verletzt. Wir machen jetzt alles anderes als oben.
“Das ist unser Recht, unser Meinung auszusprechen, besonders wenn unsere Freiheit beschränkt geworden. ”
Natürlich! Da habe ich nix dagegen gesagt. Aber ich kann die Meinung von manchen Leuten auch Scheiße finden, und das dann sagen. Und was ich so von Querdenkern mitkriege, vor allem von ihren Führungsfiguren, sind das narrrrrzistische Arschlöcher, die mit der Angst der Leute Geld verdienen.
Was die Impfpflicht angeht, stimme ich dir voll und ganz zu. Das überschreitet eine Grenze, und “Impfprivilegien” auch.
Btw… wow!! Dein Deutsch ist super geworden. Echt beeindruckend!
Deine Meinung kann mich nicht gegen Covid schützen. In bin Lehrerin, 35 Schüler in einem kleinen Klassenzimmer und bin ganz froh, dass wir alle Masken tragen müssen.
By the way… Freunde von dir, die rechts sind, sagen Mutti hat das mit den Flüchtlingen toll gemacht?! Dann aber nicht wirklich rechts, oder :D
Keiner von meinen Freunden betrachten politische Partien als Fußbollsmanschaften, mit denen man alles unbedingt mitfiebert. Meine Freunde sind alle ”Mensch” im jiddischen Sinne und sind alle intelligente Geschöpfe. Sie wissen auch, dass alle Politiker Lügner und Betrüger sind.
“Sie wissen auch, dass alle Politiker Lügner und Betrüger sind.”
Sie DENKEN das. Wissen tun sie das nicht. Du auch nicht. Ich auch nicht.
The problem is, politicians don’t wanna be told they’re WRONG, so they take the cowards’ way out, by tightening the leash…
It’s up to people to stand up for their rights, if they hadn’t done so a few times in the past we’d still have discrimination against women, gay people and apartheid…
I agree that there’s a certain degree of cowardice to their actions.
But in Germany for instance, there are a lot of vaxxed people who WANT a mandatory vaccine, just so they can go about their day like before.
They’re the majority now, and politicians cave in. THAT is something I am very disappointed in, I have to say. They said “No vaccine mandate ever” and now that up to 80% of the population want it, they’ll do it, and they don’t dare oppose the majority and explain to them why it’s maybe unethical
https://de.statista.com/statistik/daten/studie/1255968/umfrage/umfrage-zu-eine-impfpflicht-gegen-corona-nach-parteien/
My stance is… mask up in public transit and supermarkets, and if you want to go somewhere like a bar or a concert, do a rapid test before, no matter whether vaxxed or unwaxed. Country pays the tests of course. No vaxx mandate, no privilege, few inconveniences.
And then what? Go through the LIVING HELL of being constantly masked and constantly tested just to live your life? Until when? For ever? And do you actually call that a life?
Mind you, I’m also against a vaxx mandate and against vaxxed/non-vaxxed discrimination. But, as opposed to you, I want us ALL to have a life, not a non-life of permanent testing and muzzles….
Yeah, I get that. As I said, the difference seems to be how big of an issue we believe Covid to be. I believe that some measures need to be taken. You don’t. The discussion ends there pretty much as we’d now start throwing evidence other people created who have the same opinion as we have at each other :).
You’d be masked in the subway and the supermarket. For me, that’s an hour a day, tops.
As for the testing… yeah, it sucks, but I’d do that if it means no vaxx mandate.
I think the key difference between us is that you don’t think that there should be any measures at all, either because you don’t think Corona is that dangerous, or because you think everyone is responsible to look after themselves.
I think (because I trust the science community and the health care workers) that there is an issue and need to do something.
So if I have to chose between mandatory vaxx and mask+test, I’ll go for mask +test (I’m vaccinated).
If you don’t think there should be any measures, well then of course you don’t agree with that.
As for how long… till the winter season is over. Covid wasn’t that big a problem in Germany in summer months.
And do I call it life… yes, I do. I can travel, and do anything I want. I don’t see a problem with masking up every now and then or getting a test.
But that’s just me and my personal circumstances.
Yes, the key difference is what you pointed – I believe everyone should be responsible for themselves – vaxx if you want, mask if you want, test if you want. I have nothing against other people vaxxing, masking and/or getting tested, I just don’t want to be FORCED to do it myself…
By the way, I’m part of the science community (I’ve got a dregree in biochemistry) and there’s plenty of others who think just like I do. But I do respect everyone’s opinion, what do I have is a problem with being made to swallow these rules.
And I am EXTREMELY bothered by masks and tests, so much so that I actually vaxxed for the sole purpose of being able to travel to Sweden and have mask-free, test-free Spaß.
But yeah, let’s agree to disagree, I don’t want to throw any evidence at you, so let’s bury this hatchet ;)
Agreed :)!
Wearing a mask for ONE MINUTE a day is one minute too long! No, I’m not for mandatory testing as an opt out of mandatory vaxx – and damn the person that only gives me those two choices.
There are a lot of things that are dangerous – 3 times as many die of heart disease every year but I don’t see them banning chips, cigarettes or fried Snickers bars.
This is not about how dangerous it is, this is about everybody concentrating on the wrong number: how many die. OK, this many died of the ‘Rona this week. How many died all together this week? How many died the last year on file pre-‘Rona? Oh, no diff? Well, mask, mandatory vaxx or tests because then I can show just how good I am at following draconian regulations.
You’re scared of the ‘Rona. Stay home. Mask if you want. I’ll fight for your right to be paid to sit at home because you fear the ‘Rona. But I’m not masking so you can waltz around town, rocked into a false sense of security because we’re masked or vaxxed.
50% of patients in hospital now are vaxxed – so how does the vaxx make you safe? And the numbers in masked countries is rising faster and higher than the numbers in non-masked – why? Perhaps because virus’ really like the warm moist atmosphere in the mask.
Put fear in the people and you can get them to do anything, which inevitably leads to nasty results for the people.
Putting up fences, discriminating against certain groups (Impf-Leugner), having to produce one’s “papers” upon request in public, mandatory injections, losing your job if you don’t “join the party”. Nazi Germany? Communist Russia? Dito Mao’s China? Apartheid in South Africa? Jim Crow in America. No, the world since the beginning of 2020. And the Querdenker are the new Jews, blacks, gays, people with glasses (in Mao’s china). White only bathrooms and No Jews Allowed stores.
It’s just now we’re more democratic: anyone no matter what race, religion, color, sexual preference or IQ can belong to the group discriminated against. Querdenker are the new black.
“Put fear in the people and you can get them to do anything, which inevitably leads to nasty results for the people.”
True, but it goes for the other side as well. The fear of the vaccine. Many people fear the vaxx and Bill Gates the evil elites, and those people preaching to pro-mask people about how they shouldn’t let fear rule them is hilarious.
As for the death count… that’s mostly a media thing for the public. What they’re really trying to accomplish, at least in Germany, is keep hospitals from getting overwhelmed. Which makes a virus different from heart disease because those patients come in at a steady predictable rate, while Rona patients come all at once.
Now we then get to hospital politics and so on… I think Germany’s hospitals are lying about their capacity, and they’re trying to put pressure on politics very early on. They say “we’re under water” when really they still have like 20% they could add.
That’s what I would do when I was running a hospital, too. You don’t say “We’re still good.” You say “It’s getting too much. We can’t take this much longer.”
So long as hospitals say “We’re good” politics has ZERO interest in any of these restrictions.
*I meant unvaxxed, not unwaxed :D
Wax privilege… that would change a LOT of men’s minds about giving it a try.
Yes, it does depend a bit on the country you come from (maybe Bulgarian politicians are less honest than German politicians and that’s probably why your girlfriend feels the way she does).
Please, please don’t feel offended by my comments, they’re not directed at Germany or Merkel in particular (and definitely not at you). I really mean no offence to anyone…
Bet you’re wishing you hadn’t opened this can of worms, but some of us do feel very strongly about these issues…
“Please, please don’t feel offended by my comments, they’re not directed at Germany or Merkel in particular”
Absolutely not :)!
The thing is… trust is an essential component of a working society. If everyone distrusts politicians, it makes their job SUPER hard and slowly pushes them toward becoming shady to get anything done.
If politicians don’t trust the citizens, then they’ll try to control, and citizens will start looking for workaround. Mutual trust is essential, it goes both ways.
And trust in politicians has to be earned, of course, but I don’t think politicians in the UK, Sweden or Germany deserve the level of distrust they are getting.
And about the can of worms… I actually enjoy these debates. I’ve had them on Facebook and Youtube and they always turn toxic super quick. Here, they don’t, so I actually have the chance to learn something and maybe adjust my views.
If Germany is a democracy and people were told that mandatory vaccination wouldn’t happen, but the majority of the electorate came round to thinking that it should be, then surely it is correct for the politicians – your representatives – to implement it .
I think that mandatory vaccination is going to be seen as the only realistic path out of the pandemic and into the low level epidemic – which we shall probably have for a long time. I did see a report that a US congressman is makign a bill to have unvaccinated people pay the full cost of their health case if they get covid. It likley won’t pass – now. Many of the comments said “good’ , and the like (or worse, such let them die) ; but one commentator made the point that it was more sensible to have them pay much higher health insurance premiums. Pro-active deterrence rather than trying to collect money from a grieving family afterwards.
I disagree! Mandatory vaccination is to an extend an ethical question and your statements should not be influenced by what the public says on the matter. Either you think it’s ethical, or not. It has only to do with your conviction and how bad the disease is and has a precious little to do with what people want.
So if you go out there and say “There won’t be such a thing.” then you should stick by that and explain WHY once the winds are changing.
Otherwise, better to not say anything from the beginning. Not in a matter like this, where people get an injection. That’s quite intrusive.
“Many of the comments said “good’ , and the like (or worse, such let them die) ”
Yeah, that’s awful! Just like Covid skepticts should respect the will of the majority and put the f-ing mask on, so the majority should respect the wish not to get an injection.
Higher health premium… well, that’s essentially capitalism. If that happens none of the freedom-demanding people can complain. That’s some proper market freedom right there on the premium then.
Agreed. I think the dreadful lot in the UK – and others – give everyone a bad reputation.
Hear, hear!
Vive la Resistance!
Well said!
Sehr interessant.
Aber gibt es einen vielleicht wichtigeren Unterschied zwischen einerseits Großbritannien und andererseits den Europäischen Länder und den USA.
Hier in Großbritannien haben wir keine schriftliche Verfassung. Das heißt, das mit einer knapper Mehrheit im Parlament darf die Regierung fast alles tun. In fast jedem anderen demokratischen Staat kann ein Gesetz vor einem Gericht geprüft werden, ob es verfassungswidrig ist. Nicht hier.
Was?!?!?! Das kann doch nicht sein, oder?
Würde eine knappe Mehrheit theoretisch reichen, um die Sklaverei einzuführen??
Theoretisch, ja.
Die einzige Beschränkung wäre der “Human Rights Act”, aber dieses Gesetz darf die Regierung auch mit einer knappen Mehrheit ändern oder aufheben …
Was heißt denn “knapp”? 51%? Oder zwei drittel?
Das ist echt krass, muss ich sagen. Da muss man viel Vertrauen in sich als Gesellschaft haben, für so ein “freies” System.
Deutschland hat dieses Vertrauen in sich spätestens seit Hitler nicht.
Aber wir waren auch davor schon eher “rule”-Fans.
Die Mehrheit muss nur ein MP sein – also, sie brauchen nur 326 von 650 MPs.
Noch schlimmer, wegen unseres Wahlsystem kann es solche eine Mehrheit mit eine Minderheit der Stimmen im Wahlkampf geben (Boris Johnson hat 365 von 650 Sitzen mit nur 43 prozent der Stimmen im 2019er Wahlkampf). Aber das Wahlsystem ist vielleicht ein ganz anderes Thema …
Und natürlich stimme ich mit ihrer Meinung zu.
Hallo lieber Emmanuel
Als habe ich aufgesteht und frühstückt, habe mich geeilt hinter des 8. Türchen zu gucken.
Was war meine Überraschung eine europäische Rechtgeschichte und ihre römiche Quellen
Zu finden !
Ja du hast Recht . Wir sind Römern ewig schuld für was uns hinterlassen. Schaue mal ihre Erbe!
Ihre Brücke sind eines der Zeugen unter Viele andere Erbschaften .
In Frankreich, seit neue Zeit, circa 1800, benutzt man ” Code Civil”, also Napoleonische Codex ,das ist die Grundgesetz des Rechtsstaat . Dieses Code ist geprägt von Justinians Codex des 7. Jahrhunderts .
Natürlich hat Man die rechtsbedinugen der Epoche betrachtet, noch bis heute ( Positivesrecht) .
Bis Morgen
Schönen Tag
.
Ja, es ist echt Wahnsinn, welchen Einfluss die Römer hatten und haben! 2000 Jahre!
Und Napoleon’s Code Civil war soweit ich weiß auch sehr einflussreich, zumindest für Norddeutschland und Preußen (also im Endeffekt für Deutschland).
Truly unerwartetste but fascinating read. Helps me understand the difference in mindsets between the UK Government and the EU over post-Brexit arrangements. Thank you and I would welcome more observations on social differences between German speaking countries and others
In discussions about Brexit and sovereignty I heard a lot of people (OK, my mother) saying that “I don’t like that lot over there making laws for us”. Your idea helps make sense of that viewpoint. So, thanks.
I mean, many anti Eu people in Germany or Poland or wherever also don’t like that “they” do that. But I think this whole common law thing might be part of the common subconscious of the nation. Most people don’t know about it, but they have it in them somehow.
Hello,
Typos first:
(after thrilling round up cleaning words) (after a thrilling round up of cleaning words)
(the various countries) (The various countries)
At the risk of getting strong criticism by people on the blog that may eventually feel differently, I’d say the following:
Brexit does make more sense under this light, as it has something to do with Brits thinking they’re “a breed apart”, which ties in with what you explained. But it also had to do with a lot of people longing for the British Empire (as if Brexit would take us back there). I’m a Remainer, not a Brexiteer and am really sorry for this situation, although I don’t feel like I have to apologise because it wasn’t my doing.
Although your explanation was enlightening (and truthful until up to recent times), we’re currently experiencing a state of affairs where pretty much every government (EU, UK, US and many other countries) is leaning towards a dictatorship, curtailing our liberties (of movement, of leading a normal life, of having any joy in existing) and making our lives “nicht lebenswert”. And in that sense, they’re all similar nowadays…
What a sad state of affairs…
Anyway, these were my two cents…
Bis morgen!
Sometimes I think about how history repeats itself and suffering seems to play a pretty big role in the whole deal. I’m glad I’m not a peasant in the Middle Ages, but there’s a lot that could be better, to say the least.
I try not to think about stuff like that too long, so I tell myself we could just replace all the politicians and world leaders with chefs. Let everyone in the world try everyone else’s food and we’ll all be fat and happy. I can dream, right?
And baristas too, so we could all be merrier while enjoying our food :)
Oh hell no!! They are snob and elitist enough as they are, lecturing me about how a coffee is not “sour” but “fruity” and denying me sugar.
They’d be the worst technocrat rulers the planet has ever seen.
Just a matter of time till the first food scandal happens and everyone gets salmonella :D
Wow, sticking out neck out on not just one but two very contested topics :D.
I applaud the courage, but I think the readers here are pretty mature. This is not a Facebook wall… I mean Meta Wall.
About the dictatorship thing… if you refer to the rona-related things, then I think you’re not being fair calling it dictatorial. If the common good is under threat, governments will take action, and trust me, they can take MUCH more drastic action that what we had. And they can do it really quickly, too.
The question is what the Government does with that power and what they use it for and at least for the German government, I feel like they really have zero interest in curtailing my freedom of movement, other than handling the threat they perceive the virus to be.
I generally have a high level of trust in the goodwill of my politicians. It’s just normal people.
What I see as a problem is that we’re all being brainwashed by a “neo-liberal narrative” that calls anything Government related “communism” and “anti freedom”.
Not talking about rona here, but taxes and so on.
The rich white, republican elite, mainly in the states came up with this narrative in the 80s and it is unbelievably successful.
People seem to forget that the top tax bracket in the US was … above 80%!! And that was during the time the US went to the moon. The time that was, so the narrative, the good old days before socialists took over.
Now, when someone wants to raise taxes, they yell “socialist” and “freedom” and people flock to that banner, completely oblivious to the fact that they’re being had by the likes of Koch brothers.
There’s a very fascinating quote from Lincoln about labor.
Read that to people today and they’d say it’s Marx. LINCOLN!! The republican president who got a giant ass statue. The second greatest president after Trump (his words, not mine).
Read this quote, and then read the average discussion board today about taxes for rich people and it’s evident who’s interests are shaping what people say.
But once again, we’re not talking about the real issue of the super rich having their way, because we argue over masks and how dangerous a virus is.
Anyway, rant end :).
Danke für den spannenden Artikel!
Sometimes I get the sense that the German legal system is less sensationalized or dramatic than here in the U.S. I’m mostly basing that on crime documentaries and some news articles I’ve seen (so not very much). Mostly about criminal cases, and it stands out to me how they’re presented with more nuance. Not so much black and white.
I imagine part of that has to do with how journalism is done, but I wonder if a civil law system tends to be less adversarial. If the rules that apply to your case are pretty clear from the get-go, then theoretically the range of potential outcomes is smaller and there is less to fight about.
Maybe having the judge be more active helps too. I don’t get to experience that too much here, but as long as the judge is good (experienced and neutral), it’s nice to have them step in. A lot of the song and dance falls away and you get to the heart of the matter quicker. Lawyers can be really good at saying a lot without saying what actually happened, at least in my line of work.
“I get the sense that the German legal system is less sensationalized or dramatic than here in the U.S. ”
ANYTHING in Europe is less sensationalized and dramatic than in the U.S., I’d say. US loves emotion and outrage. Things have to be an exciting event, the best, worst, craziest ever.
One of the big cultural differences, in my opinion.
The fact that “law” is TV series material in the States speaks volumes. We do not have that here, as far as I can recall. We watch the American shows and movies, but we do not have this kind of material for a German court. I fall asleep just thinking about it.
So basically, we Americans tend to be drama queens. Yes, that does explain a lot.
Drama queens sounds too negative. You just like to be excited. That’s a good thing, I’d say.
The entertainment industry definitely reflects the national spirit. Flair for the dramatic, yes. But I also see it as a stress outlet. Americans are totally known for having a healthy work/life balance, right? How that came to be, I have no idea.
But when work feels like a pressure cooker of stress, the free hours in a day are short, and vacation is like 10 days a year if you’re lucky – there’s something kind of freeing and therapeutic about sitting down and watching a show that’s kind of over the top. A fantasy world, an outlet for your feelings.
Plus real life can give you all kinds of inspiration. Life is somewhat inherently chaotic, now add stress = crazy things happen. Add some creativity and cynicism and boom, you got yourself a good time. Just my 2 cents.
Interesting and useful idea to set out the differences. One needs to bear in mind that judges in the common law system, courts apply principles, such as the Learned Hand, to make decisions in “new” situations involving tort. If the opponents disagree with the decision, then an appeal is made to a higher court. So, judges and magistrates do not have freedom to make the law in lower court cases. The constitution, and parliamentary legislation also bind the decisions that can be made in the courts.