Under § 139 of the German Code of Civil Procedure, the judge must, where necessary, discuss the facts and the law of a case with the parties and ask them questions. The second paragraph goes further. The court may not base its decision on a point that a party has clearly overlooked or considered unimportant. First it must point the problem out and give the party a chance to respond.
The force of the better argument
The philosopher Jürgen Habermas wrote of der zwanglose Zwang des besseren Arguments, a phrase that is now much invoked in Germany. It means the unforced force of the better argument. In a discussion, the better argument should win. The phrase belongs to his theory of communicative action.
Four sides of a message
In 1981, Friedemann Schulz von Thun published the first volume of Miteinander reden, Talking with each other. In it he described four sides of every message: the factual content, what the speakers reveal about themselves, the relationship, and the appeal. In the model, disturbances and conflicts arise when sender and receiver read and weigh the four sides differently.
By this model, a comment on a report also carries a message about the relationship with the person who wrote it.
What satire may do
On 27 January 1919, the Berliner Tageblatt printed an essay by Kurt Tucholsky, written under the name Ignaz Wrobel. Its title asked Was darf die Satire? What is satire allowed to do? The essay answers in one word: Alles. Everything.
When the criticism comes back
On 6 September 2003, the German national team drew 0:0 in Iceland in a qualifier for the European Championship. On ARD, Gerhard Delling called the match a new Tiefpunkt, a low point, and Günter Netzer joined in the criticism. National coach Rudi Völler answered live on air. He accused the interviewer Waldemar Hartmann of having had drei Weizenbier, three wheat beers. After the 2014 World Cup match against Algeria, a ZDF reporter asked Per Mertesacker critical questions. He replied: Glauben Sie, unter den letzten 16 ist eine Karnevalstruppe?! Do you think there is a carnival troupe among the last 16? Then he said he would lie in the ice bath for three days.
Both answers turned on the questioner. Völler later apologized for his wording, but he kept his criticism of the coverage.
The 95 Theses
On 31 October 1517, Martin Luther sent 95 theses to Albrecht of Brandenburg, Archbishop of Mainz and Magdeburg. They were attached to a letter. In 95 separate points, they spoke out against the business of selling letters of indulgence. Luther took the problem to the archbishop who shared in the proceeds.
The famous picture of Luther nailing the theses to the church door in Wittenberg is not certain. The Catholic church historian Erwin Iserloh first questioned it in 1961.