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.

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.