Law of Germany

Lore & Background

German law has been subject to many influences over the centuries. Until Medieval times, Early Germanic Law derived from the Salic Law of the Salian Franks and other tribes was common. With the Renaissance, Roman law again played a strong role, and later legal scholars known as the Pandectists revived the formalities of Roman law as set by Justinian in the Corpus Iuris Civilis. It became common law (Gemeines Recht) in large parts of the German-speaking world and prevailed far into the 19th century. As the Holy Roman Empire was composed of countless minor territorial entities, laws varied greatly according to local traditions and religions, codified in about 3,000 local Weistümer (collections of rural laws). Prussia made an effort to bring in an all-new set of laws with the Allgemeines Landrecht für die preußischen Staaten in the 18th century, which had a great influence on later works. After the French July Revolution of 1830, revolutionary ideas and Napoleon's laws (Code civil, Code pénal, Code d'instruction criminelle) strongly influenced the German legal tradition, especially in the Grand Duchy of Baden.

Reader's Guide

German law is significant as a foundational civil law system that has influenced many other countries, including Japan, South Korea, the United States, and Taiwan. Its modern form is built on the Basic Law (Grundgesetz), created as a reaction to the weaknesses of the Weimar Constitution and the abuses of National Socialism. The Basic Law emphasizes democracy, federalism, and the Rechtsstaatsprinzip (rule of law), and its core principles cannot be changed. The Federal Constitutional Court (Bundesverfassungsgericht) serves as the highest authority in constitutional law, protecting the constitution by controlling the actions of government, judiciary, and legislature. A fairly recent development is the influence of European law, which aims to harmonize laws across the European Union, with many legal developments decided in Brussels. German law remains strongly influenced by federalism, with individual states (Länder) maintaining their own responsibilities and particular laws.

Did You Know?

• The Bürgerliches Gesetzbuch (BGB), the German civil code, was developed over more than twenty years and enacted after the formation of the Deutsches Reich in 1871.
• German law has been influenced by the Corpus Juris Canonici, the source of ecclesiastical judicature, and the old Corpus Iuris Civilis.
• After World War II, West Germany built on existing law and reversed most legal changes of National Socialism, especially those with ethical criminal content.
• The legal systems of Japan, South Korea, and Taiwan are to some extent based on German law.