The matter-worker

The German title for a caseworker or clerk translates literally as matter-worker. The person who works the matter.

Not an officer, not an associate, not a representative. The job is named after the thing being handled.

The state of the matter

German legal reasoning separates the Sachverhalt — the state of the matter, what actually happened — from the rechtliche Würdigung, the legal assessment of it.

The facts are established first, as a distinct step, with their own section in the judgment. Only then does anyone argue about what they mean.

The structure of a German court decision is the structure of Sachlichkeit.

Keeping score

Money talks. Show me the money. Put your money where your mouth is. What’s the number? It’s not about the money — it’s about the money.

American expressions in which the figure stands for the assessment. Compensation is discussed openly and read as a verdict.

Clarifying the facts

Sachverhaltsaufklärung. Clarification of the facts. German procedural law obliges a court to establish what actually happened before applying any rule to it, and the phase has its own name and its own stage in the judgment. The facts are settled first, as separate work.

Celebration evening

Celebration-evening. The German word for the end of the working day, and there is no English equivalent because English has no word for the thing.

Ich mache Feierabend — I am making Feierabend — is a complete sentence and a complete explanation. The day’s work is over, and what follows is not called leisure or free time. It is called a celebration.

Good faith

Treu und Glauben. Section 242 of the German Civil Code requires performance according to good faith, with regard to common usage. One sentence, and it is among the most heavily used provisions in German law.

Courts apply it to strike down conduct that is formally within a contract but unacceptable in substance. The agreement being signed does not settle whether it is enforceable.

understand-culture
Privacy Overview

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.