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	Comments on: 228	</title>
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		By: Hegel (Simple)		</title>
		<link>https://grundlinien.de/en/228/#comment-3668</link>

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		<pubDate>Thu, 24 Sep 2026 10:57:44 +0000</pubDate>
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					<description><![CDATA[§ 228: The right to take part

Whoever stands in court has a right: He should be able to recognize the judgment as his own. How does he get this right?

With the law, because the law is public knowledge. Then it is his law too. With the procedure, because the procedure is public.

And with the facts?

Here there is no sure rule. Here he must be able to trust the people who decide. This trust grows above all when they are his equals. When they come from his estate and live as he does.

The real reason for juries:

People argue about the advantages and disadvantages of juries. That is secondary. Perhaps professional judges even judge better. Even if that were certain, something would stay unfulfilled. It is the right of the single person to take part with his own knowledge.

A harsh diagnosis:

Often right is the property of one profession. It speaks a technical language that is foreign to the people affected. Then the citizens stand under guardianship. Indeed, they stand in a kind of serfdom toward this profession. They may stand in court with their feet. But that is little if they are not there with their spirit. Then their right stays an external fate for them.

Summary: The single person should find himself in the judgment. So law and procedure must be open. With the facts, he needs judges whom he can trust as an equal.]]></description>
			<content:encoded><![CDATA[<p>§ 228: The right to take part</p>
<p>Whoever stands in court has a right: He should be able to recognize the judgment as his own. How does he get this right?</p>
<p>With the law, because the law is public knowledge. Then it is his law too. With the procedure, because the procedure is public.</p>
<p>And with the facts?</p>
<p>Here there is no sure rule. Here he must be able to trust the people who decide. This trust grows above all when they are his equals. When they come from his estate and live as he does.</p>
<p>The real reason for juries:</p>
<p>People argue about the advantages and disadvantages of juries. That is secondary. Perhaps professional judges even judge better. Even if that were certain, something would stay unfulfilled. It is the right of the single person to take part with his own knowledge.</p>
<p>A harsh diagnosis:</p>
<p>Often right is the property of one profession. It speaks a technical language that is foreign to the people affected. Then the citizens stand under guardianship. Indeed, they stand in a kind of serfdom toward this profession. They may stand in court with their feet. But that is little if they are not there with their spirit. Then their right stays an external fate for them.</p>
<p>Summary: The single person should find himself in the judgment. So law and procedure must be open. With the facts, he needs judges whom he can trust as an equal.</p>
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