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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."
Written by the eminent German legal historian, Michael Stolleis,
these two Essays on Legal History offer an original and compelling
history of the symbolism through which law is characterised as
being 'above' us. In The Eye of the Law, the history of this
metaphor is followed from antiquity through to the present day:
from the Greek Eye of Justice, the eye of the impartial judge of
the Underworld, the Eye of God watching past, present and future,
the Eye of the Prince, guiding his subjects, to the almighty Eye of
the Law. While our belief in the law may have become brittle,
nothing escapes what is now the Eye of Big Brother. In the Name of
the Law takes up the various formulas used to legitimate the
decisions of the courts, from the times of absolutism over the 19th
century until today. The speaker who speaks in the name of a higher
being underlines his function: his authority comes from above. And
it is in the name of god, king, people, state, nation, or law, that
a weak, earthly, justice receives its support.
"
This impressive volume is the first attempt to look at the
intertwined histories of natural law and the laws of nature in
early modern Europe. These notions became central to jurisprudence
and natural philosophy in the seventeenth century; the debates that
informed developments in those fields drew heavily on theology and
moral philosophy, and vice versa. Historians of science, law,
philosophy, and theology from Europe and North America here come
together to address these central themes and to consider the
question; was the emergence of natural law both in European
jurisprudence and natural philosophy merely a coincidence, or did
these disciplinary traditions develop within a common conceptual
matrix, in which theological, philosophical, and political
arguments converged to make the analogy between legal and natural
orders compelling. This book will stimulate new debate in the areas
of intellectual history and the history of philosophy, as well as
the natural and human sciences in general.
Written by the eminent German legal historian, Michael Stolleis,
these two Essays on Legal History offer an original and compelling
history of the symbolism through which law is characterised as
being 'above' us. In The Eye of the Law, the history of this
metaphor is followed from antiquity through to the present day:
from the Greek Eye of Justice, the eye of the impartial judge of
the Underworld, the Eye of God watching past, present and future,
the Eye of the Prince, guiding his subjects, to the almighty Eye of
the Law. While our belief in the law may have become brittle,
nothing escapes what is now the Eye of Big Brother. In the Name of
the Law takes up the various formulas used to legitimate the
decisions of the courts, from the times of absolutism over the 19th
century until today. The speaker who speaks in the name of a higher
being underlines his function: his authority comes from above. And
it is in the name of god, king, people, state, nation, or law, that
a weak, earthly, justice receives its support.
This book traces the origins of the German welfare state. The
author, formerly director at the Max-Planck-Institute for European
Legal History, Frankfurt, provides a perceptive overview of the
history of social security and social welfare in Germany from early
modern times to the end of World War II, including Bismarck's
pioneering introduction of social insurance in the 1880s. The
author unravels "layers" of social security that have piled up in
the course of history and, so he argues, still linger in the
present-day welfare state. The account begins with the first
efforts by public authorities to regulate poverty and then proceeds
to the "social question" that arose during the 19th-century
Industrial Revolution. World War I had a major impact on the
development of social security, both during the war and after,
through the exigencies of the war economy, inflation and
unemployment. The ruptures as well as the continuities of social
policy under National Socialism and World War II are also
investigated.
The sole available comprehensive history of social law and the
model of social welfare in Germany. The book explains the origins
since the medieval times, but concentrates on the 19th and 20th
centuries, especially on the introduction of the social insurance
1881-1889, of the expansion of the system in the Weimar Republic,
under the Nazi-System and after World War II in the FRG and the
GDR. The system of social welfare in Germany is one of the pillars
of economic stability.
This book traces the origins of the German welfare state. The
author, formerly director at the Max-Planck-Institute for European
Legal History, Frankfurt, provides a perceptive overview of the
history of social security and social welfare in Germany from early
modern times to the end of World War II, including Bismarck's
pioneering introduction of social insurance in the 1880s. The
author unravels "layers" of social security that have piled up in
the course of history and, so he argues, still linger in the
present-day welfare state. The account begins with the first
efforts by public authorities to regulate poverty and then proceeds
to the "social question" that arose during the 19th-century
Industrial Revolution. World War I had a major impact on the
development of social security, both during the war and after,
through the exigencies of the war economy, inflation and
unemployment. The ruptures as well as the continuities of social
policy under National Socialism and World War II are also
investigated.
A collaboration of leading historians of European law and
philosophers of law and politics identifying and explaining the
practice of interpretation of law in the 18th century. The goal:
establishing the actual practice in the Age of Enlightenment, and
explaining why this was the case. The ideology of the Age was that
law, i.e., the will of the sovereign, can be explicitly and
appropriately stated, thus making interpretation redundant.
However, the reality was that in the 18th century, there was no one
leading source of national law that would be the object of
interpretation. Instead, there was a plurality of sources of law:
the Roman Law, local customary law, and the royal ordinance.
However, in deciding a case in a court of law, the law must speak
with one voice. Hence, interpretation to unify the norms was
inevitable. What was the process? What role did justification in
terms of reason, the hallmark of the Enlightenment, play? These are
some of the questions addressed.
Der vorliegende Tagungsband versammelt die Ergebnisse der 4.
Konferenz deutschsprachiger Juristen in Ostasien, die 2019 an der
Chungnam-Universität in Daejeon (Korea) stattfand. Enthalten sind
Beiträge zum Verfassungsrecht und Privatrecht in Bezug auf
Deutschland und auf Europa, vor allem aber spannungsvolle und
informative Analysen aus Süd-Korea, Taiwan, Japan, der
Volksrepublik China, der Mongolei und Vietnam. Die
deutschsprachigen Autoren aus Ostasien gehen von der
Verfassungslage und ihren Vorbildern aus und widmen sich dann der
Umsetzung in der politischen Praxis und der Rechtsprechung. Es
folgen parallele Analysen zum Zivilrecht dieser Länder. Defizite
kommen dabei ebenso zur Sprache wie Aussichten auf künftige
Entwicklungen.
Medieval Italian urban legislation is well documented. It
represents a rich and hitherto inadequately exploited source for
studies in the history of art and the history of law. The documents
that have come down to us not only provide information on the
layout and design of squares, monuments, churches, and
fortifications, but also indicate the aesthetic concerns of the
authorities involved and their visions of the bellezza della citta.
The volume is a record of the proceedings of an interdisciplinary
symposium that took place at the Villa Vigoni on Lake Como, 20-23
September 2001."
The legal scholarship of the National Socialist and Fascist period
of the 20th century and its subsequent reverberation throughout
European law and legal tradition has recently become the focus of
intense scholarly discussion. This volume presents
theoretical,historical and legal inquiries into the legacy of
National Socialism and Fascism written by a group of the leading
scholars in this field. Their essays are wide-ranging, covering the
reception of National Socialist and Fascist ideologies into legal
scholarship; contemporary perceptions of Nazi Law in the
Anglo-American world; parallels and differences among authoritarian
regimes in the Third Reich, Austria, Italy, Spain, and
Vichy-France; how formerly authoritarian countries have dealt with
their legal antecedents; continuities and discontinuities in legal
thought in private law, public law, labour law, international and
European law; and the legal profession's endogenous obedience and
the pains of Vergangenheitsbewaltigung. The majority of the
contributions were first presented at a conference at the EUI in
the autumn of 2000, the others in subsequent series of seminars.
This history of the discipline of public law in Germany covers
three dramatic decades of the twentieth century. It opens with the
First World War, analyses the highly creative years of the Weimar
Republic, and recounts the decline of German public law that began
in 1933 and extended to the downfall of the Third Reich. The author
examines the dialectic of scholarship and politics against the
background of long-term developments in industrial societies, the
rise of the interventionist state, the shift of state law and
administrative law theory, and the emergence of new disciplines
(tax law, social law, labour law, business administration law).
Almost all the issues and questions that preoccupy state law and
administrative law theory at the dawn of the twenty-first century
were first pondered and debated during this period. Stolleis begins
by emphasizing the long farewell to the nineteenth century and then
moves on to examine the doctrine of state law and administrative
law during the First World War. The impact of the Weimar
Constitution and the of the Versailles Treaty on the discipline is
discussed. Here the famous 'quarrel of direction' that occurred in
the field of state law doctrine (1926-1929) played a central role.
But equally important was the development of state law and
administrative law theory (in both the Reich and its constituent
states), administrative doctrine, and the jurisprudence of
international law. Part two of the book is devoted to the impact of
National Socialism. The displacement of Jewish scholars, the change
of direction in the professional journals, and the shutdown of the
Association of State Law Teachers form one aspect of the story. The
other aspect is manifested in the erosion of public law and in the
growing sense of depression that gripped its practitioners. In the
end, it was not only state law that was destroyed by the Nazi
experience, but the scholarly discipline that went with it. The
author tackles questions about the co-responsibility of scholars
for the Holocaust, and the reasons fwhy academic teachers of public
law were all but absent in the opposition to the Nazi regime.
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