German legal citation
Encyclopedia
As in most countries, Germany
has a standard way of citing its legal code
s and case law
; an essentially identical system of citation is also used in Austria
.
, which formerly made male homosexuality
a crime in Germany, would most properly be cited in an English-language text as "§ 175 StGB (Germany)". "§" simply denotes "paragraph" (and can be pluralized as "§§"). "StGB" stands for Strafgesetzbuch (penal code); other similar usages would be "BGB" (Bürgerliches Gesetzbuch
, the Civil Code) and "ZPO" (Zivilprozessordnung, the Civil Procedure Code). Paragraphs with the same number from these different codes are completely unrelated; thus, § 175 ZPO has nothing to do with § 175 StGB. Finally, unless the context is clear, "(Germany)" may be added to distinguish this from the similar system of citation for Austria; again, paragraphs with the same number in German and Austrian legal codes are unrelated, except in laws that were introduced in Austria with the Anschluss
in 1938, such as the HGB (commercial code), which, of course, has frequently been amended in different ways in both countries since then. A method that is sometimes employed in Austrian legal writing to distinguish between Austrian and German law is to add a lower case "d" for Germany and an "ö" for Austria before the abbreviation of the respective code, e.g. "dHGB" and "öHGB" referring to the German and Austrian commercial codes.
Within such a paragraph, there may be numerous Absätze (singular Absatz). The Absätze are cited as "Abs.". Thus, a particular portion of Paragraph 175 might be cited as "§ 175 Abs. 2 StGB (Germany)". Texts addressed at a purely legal audience commonly make use of an informal shorthand, abbreviating Absätze for example as Roman numerals. Thus, in such texts, this same provision might be cited simply as "§ 175 II StGB" or even "§ 175 II" depending on the amount of available context. In Austria, the Absätze are usually cited as "Abs" (without a dot), e.g. "§ 1295 Abs 2 ABGB". Numbered lists are cited with a capital "Z" (standing for Zahl i.e. number), e.g. "§ 73 Abs 1 Z 4 BWG". By contrast, in Germany, the abbreviation "Nr." (standing for Nummer i.e. number) is used instead.
In non-legal contexts, for example in text-formatting, the word Absatz would normally be equivalent to English "paragraph", but in legal usage an Absatz is a subdivision of a Paragraph; we must either use the German word or translate it as "sub-paragraph". Margaret Marks suggests (for British English
) translating Paragraph as "Section" and Absatz as "subsection". For American English
, she suggests leaving § intact except at the start of a sentence (where she would use "Section"), and translating Absatz as "subsection". http://transblawg.eu/index.php?/archives/77-References-to-German-statutesDeutsches-Recht-Zitieren-auf-Englisch.html
The Basic Law
(constitution) of Germany is divided into Artikel or articles, not sections. To cite the Basic Law a notation like "Artikel 1 GG", where GG stands for Grundgesetz, basic law, is used.
can be cited to Entscheidungen des Bundesgerichtshof in Zivilsachen ("BGHZ") and Entscheidungen des Reichsgerichts in Zivilsachen ("RGZ"). E.g. BGHZ 65, 182 would refer to a case published in BGHZ, volume 65, beginning at page 182. Alternatively, cases may be cited to law reviews where they have been rendered, e.g. NJW 1982, 473. Ideally, the date of the court decision and the docket number should be given before the citation, but whether this is required usually depends on the publisher.
It is not general practice to cite case names, since the names of parties are anonymized. However, in some areas of law (e.g. corporate law), where the name of a party (usually the company involved in the case) is generally known, some cases have gained notoriety under that name (e.g. the Holzmüller decision). In such cases, it may be helpful for readers to render that name, even though it is entirely optional and such case names are not official.
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
has a standard way of citing its legal code
Legal code
A legal code is a body of law written by a governmental body, such as a U.S. state, a Canadian Province or German Bundesland or a municipality...
s and case law
Case law
In law, case law is the set of reported judicial decisions of selected appellate courts and other courts of first instance which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis...
; an essentially identical system of citation is also used in Austria
Austria
Austria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the...
.
Citing portions of the German legal code
As an example, the famous or notorious Paragraph 175Paragraph 175
Paragraph 175 was a provision of the German Criminal Code from 15 May 1871 to 10 March 1994. It made homosexual acts between males a crime, and in early revisions the provision also criminalized bestiality. All in all, around 140,000 men were convicted under the law.The statute was amended several...
, which formerly made male homosexuality
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...
a crime in Germany, would most properly be cited in an English-language text as "§ 175 StGB (Germany)". "§" simply denotes "paragraph" (and can be pluralized as "§§"). "StGB" stands for Strafgesetzbuch (penal code); other similar usages would be "BGB" (Bürgerliches Gesetzbuch
Bürgerliches Gesetzbuch
The Bürgerliches Gesetzbuch is the civil code of Germany. In development since 1881, it became effective on January 1, 1900, and was considered a massive and groundbreaking project....
, the Civil Code) and "ZPO" (Zivilprozessordnung, the Civil Procedure Code). Paragraphs with the same number from these different codes are completely unrelated; thus, § 175 ZPO has nothing to do with § 175 StGB. Finally, unless the context is clear, "(Germany)" may be added to distinguish this from the similar system of citation for Austria; again, paragraphs with the same number in German and Austrian legal codes are unrelated, except in laws that were introduced in Austria with the Anschluss
Anschluss
The Anschluss , also known as the ', was the occupation and annexation of Austria into Nazi Germany in 1938....
in 1938, such as the HGB (commercial code), which, of course, has frequently been amended in different ways in both countries since then. A method that is sometimes employed in Austrian legal writing to distinguish between Austrian and German law is to add a lower case "d" for Germany and an "ö" for Austria before the abbreviation of the respective code, e.g. "dHGB" and "öHGB" referring to the German and Austrian commercial codes.
Within such a paragraph, there may be numerous Absätze (singular Absatz). The Absätze are cited as "Abs.". Thus, a particular portion of Paragraph 175 might be cited as "§ 175 Abs. 2 StGB (Germany)". Texts addressed at a purely legal audience commonly make use of an informal shorthand, abbreviating Absätze for example as Roman numerals. Thus, in such texts, this same provision might be cited simply as "§ 175 II StGB" or even "§ 175 II" depending on the amount of available context. In Austria, the Absätze are usually cited as "Abs" (without a dot), e.g. "§ 1295 Abs 2 ABGB". Numbered lists are cited with a capital "Z" (standing for Zahl i.e. number), e.g. "§ 73 Abs 1 Z 4 BWG". By contrast, in Germany, the abbreviation "Nr." (standing for Nummer i.e. number) is used instead.
In non-legal contexts, for example in text-formatting, the word Absatz would normally be equivalent to English "paragraph", but in legal usage an Absatz is a subdivision of a Paragraph; we must either use the German word or translate it as "sub-paragraph". Margaret Marks suggests (for British English
British English
British English, or English , is the broad term used to distinguish the forms of the English language used in the United Kingdom from forms used elsewhere...
) translating Paragraph as "Section" and Absatz as "subsection". For American English
American English
American English is a set of dialects of the English language used mostly in the United States. Approximately two-thirds of the world's native speakers of English live in the United States....
, she suggests leaving § intact except at the start of a sentence (where she would use "Section"), and translating Absatz as "subsection". http://transblawg.eu/index.php?/archives/77-References-to-German-statutesDeutsches-Recht-Zitieren-auf-Englisch.html
The Basic Law
Basic Law for the Federal Republic of Germany
The Basic Law for the Federal Republic of Germany is the constitution of Germany. It was formally approved on 8 May 1949, and, with the signature of the Allies of World War II on 12 May, came into effect on 23 May, as the constitution of those states of West Germany that were initially included...
(constitution) of Germany is divided into Artikel or articles, not sections. To cite the Basic Law a notation like "Artikel 1 GG", where GG stands for Grundgesetz, basic law, is used.
Citing German case law
The Entscheidungen des Bundesgerichtshofs in Strafsachen (cited as "BGHSt") covers criminal case law in the present-day Federal Republic of Germany. Case law from German unification (1871) until 1945 would be in the Entscheidungen des Reichsgerichts in Strafsachen (cited as "RGSt"). Similarly, cases in private lawPrivate law
Private law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts, as it is called in the common law, and the law of obligations as it is called in civilian legal systems...
can be cited to Entscheidungen des Bundesgerichtshof in Zivilsachen ("BGHZ") and Entscheidungen des Reichsgerichts in Zivilsachen ("RGZ"). E.g. BGHZ 65, 182 would refer to a case published in BGHZ, volume 65, beginning at page 182. Alternatively, cases may be cited to law reviews where they have been rendered, e.g. NJW 1982, 473. Ideally, the date of the court decision and the docket number should be given before the citation, but whether this is required usually depends on the publisher.
It is not general practice to cite case names, since the names of parties are anonymized. However, in some areas of law (e.g. corporate law), where the name of a party (usually the company involved in the case) is generally known, some cases have gained notoriety under that name (e.g. the Holzmüller decision). In such cases, it may be helpful for readers to render that name, even though it is entirely optional and such case names are not official.