The member of civil society has the right to stand before the court, as well as the duty to present himself before the court, and to obtain his disputed right only from the court.
221
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2 responses to “221”
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Because every individual has the right to stand before the court, he must also know the laws, for otherwise this entitlement would be of no help to him. But the individual also has the duty to present himself before the court. In the feudal condition, the powerful man often did not present himself, defied the court, and treated it as a wrong on the part of the court to summon the powerful man before it. But these are conditions that contradict what a court is supposed to be. In more recent times, the prince must, in private matters, acknowledge the courts as having authority over him, and usually, in free states, his lawsuits are lost.
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§ 221: Standing before the court
Every member of society has the right to go to court. And he has the duty to appear before the court. In a dispute, he may get his right only from the court.
Why both?
Whoever may go to court must be able to know the laws. Otherwise the right does him no good.
An example from the Middle Ages shows the duty. Back then, a powerful man often did not come when the court called him. He challenged the court. He found it wrong that it summoned him at all. That goes against what a court should be.
And today?
Today even the prince must accept the courts above him in private matters. In free states, he even loses most of his lawsuits.
Summary: Everyone has the right to go to court and the duty to appear there. He gets his right only from the court. This also holds for the powerful.
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