Stolleis has provided a clearly written guide to a complex
tradition, and his footnotes are virtually a purchase list of basic
reading in early modern political and constitutional theory." . The
American Historical Review
..". the first intellectual history of the ius publicum ...
that] will in all likelihood become the standard work on the
subject for decades to come" . The English Historical Review
..". an imposing work ... nothing comparable has been achieved
in a long time ... Now a new standard has been set." . Der
Staat
This study, by one of Germany's most prominent scholars of legal
history, examines a period crucial for the history of
constitutionalism in this century after the collapse of the Holy
Roman Empire of the German Nation in 1806. This was the era of the
Congress of Vienna, of the Restoration and the constitutionalist
movement, of the Revolution of 1848 and the foundation of the
German Empire by Bismarck. All these developments had profound
repercussions on the social and constitutional structures of
central European society; they invalidated the basic principles of
the previous legal system and paved the way for the changes and
controversies involved in the formation of a notion of the state
and public law in the nineteenth century.
But the history of public law is also marked by continuities,
by long-term shits in feudal and criminal law related to the social
and political conditions of the period. Integrating intellectual
with political history, this book explores the constitutional
movements in the literature and scholarship of public law leading
to the foundation of the German Confederation, the rise of
administrative law with the "German Revolution" of 1848, and the
parallels between, and increased separation of, private and public
spheres in the epoch of positivism that depoliticized the scholarly
investigation of public law and led to the call for the purely
legal construction of constitutional law that we have today."
General
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