222

Before the courts, right receives the determination of having to be demonstrable. Legal procedure puts the parties in a position to assert their means of proof and their legal grounds, and puts the judge in a position to acquaint himself with the matter. These steps are themselves rights; their course must therefore be legally determined, and they also constitute an essential part of theoretical legal science.

DE

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  1. Eduard Gans (Additions) Avatar
    Eduard Gans (Additions)

    It may outrage a person that, although he knows he has a right, it is denied him as unprovable; but the right that I have must at the same time be a posited one: I must be able to exhibit it, to prove it, and only through the fact that what exists in itself is also posited can it be valid in society.

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