The § Sign and the Citation of German Legislation in English

The correct citation of German legislation in English often gives rise to uncertainty, particularly with regard to the use of the § sign.

In Germany and Austria, the symbol § refers to a Paragraph, which represents a statutory provision. This differs from the English understanding of the word paragraph, which generally refers to a distinct section of text. In German legal terminology, what English speakers would usually call a paragraph is referred to as an Absatz.

The § sign should also not be confused with the pilcrow symbol (¶), which is a typographical mark used to indicate a paragraph in a text.

Difficulties frequently arise in legal translations. Translators sometimes replace the § sign with terms such as section or article in an attempt to adapt the reference to the target language. While well-intentioned, this approach can create confusion and may distort the structure of the source legislation.

For example, the German provision

§ 823 Absatz 1 Satz 1 BGB

is occasionally rendered as:

Article 823, paragraph 1, German Civil Code

or

Section 823, paragraph 1, German Civil Code

Such translations obscure the original statutory structure and may make it more difficult for readers to identify the source jurisdiction or locate the provision in the original legislation.

A widely accepted principle in comparative legal writing is that legislation should generally be cited in the manner used within its own jurisdiction. This approach is reflected in major citation guides, including the Oxford Standard for Citation of Legal Authorities (OSCOLA), the Bluebook and other international legal citation manuals.

Maintaining the original citation structure promotes legal certainty and assists lawyers, judges, academics and translators in identifying the relevant source material.

Where additional clarification is required, explanatory information may be added in brackets rather than altering the statutory reference itself.

Accordingly, the German provision

§ 823 Absatz 1 Satz 1 BGB

may be rendered in English as:

§ 823 sub-paragraph 1, sentence 1 BGB [German Civil Code]

or

§ 823(1) sentence 1 BGB [German Civil Code]

Both examples preserve the structure of the original legislation while remaining accessible to an English-speaking audience.

The issue serves as a useful reminder that legal translation involves more than finding linguistic equivalents. Accurate legal communication frequently depends upon preserving legal concepts, statutory structures and jurisdiction-specific terminology across languages and legal systems.