Public Law in Germany, 1800-1914

Author: Michael Stolleis

Publisher: Berghahn Books

ISBN: 9781571810571

Category: History

Page: 514

View: 409

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. Michael Stolleishas held the Chair of Public Law and Early Modern Legal History at the University of Frankfurt since 1975. Since 1991, he has been the Director of the Max-Planck-Institute for European Legal History. In 1991 he was awarded the Leibniz Award and in 1995 the Swedish Riksbanken Research Award.

A History of Public Law in Germany, 1914-1945

Author: Michael Stolleis

Publisher: Oxford University Press on Demand

ISBN: 9780199269365

Category: Law

Page: 489

View: 7436

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.

Debates in German Public Law

Author: Hermann Pünder,Christian Waldhoff

Publisher: A&C Black

ISBN: 1782251995

Category: Law

Page: 370

View: 4371

Germany's Constitution - the Basic Law of 23 May 1949 - created a democratic constitution which, despite amendments, has held up over the years, even providing the legal basis for German reunification in 1990. When it was written, the Basic Law was initially regarded as a temporary solution which would last until a pan-German constitution could be created, but over the years it has grown to become a mainstay of post-war stability and has even become one of Germany's most successful exports. Foreign scholars are particularly interested in the German conception of fundamental rights and the mechanisms in place for enforcing them in the courts, as well as in Germany's federal structure. Making and applying administrative law and working alongside the system of EU law are also subjects of great interest. This book, developed by a group of scholars in honour of the 60th anniversary of the Basic Law, presents examples of fundamental aspects of current scholarly debate. The analyses found in this book present the latest scholarly discussions, specifically for a foreign audience, touching upon constitutional law, administrative law and the place of the Federal Republic within the system of European Union law, with constitutional law providing the constant framework.

A History of Public Law in Germany, 1914-1945

Author: Michael Stolleis

Publisher: Oxford University Press on Demand

ISBN: 9780199269365

Category: Law

Page: 489

View: 7744

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.

Public Law in Germany

A Historical Introduction from the 16th to the 21st Century

Author: Michael Stolleis

Publisher: Oxford University Press, USA

ISBN: 9780198798965

Category: History

Page: 224

View: 7113

German public law has been taught in universities since the early 17th century and continues to this day to be a dominant subject in German legal culture, especially in its modern incarnations of constitutional and administrative law, and European and international law. Michael Stolleis's Public Law in Germany: A Historical Introduction from the 16th to the 21st Century, expertly translated by Thomas Dunlap, provides an account of the fundamental developments in public law that situates current debates in the German Federal Constitutional Court as well as the role of the nation-state in Europe more broadly. It further examines the role of fundamental rights through the lens of Germany's special administrative courts and discusses their important role in the advancement of German law. Written with students in mind, the book distils Stolleis's masterful four-volume History of Public Law in Germany, the third volume of which (1914-1945) was published by Oxford University Press in 2004. It is an invaluable companion to the understanding of German public law more generally.

Constitutional Courts in Comparison

The US Supreme Court and the German Federal Constitutional Court

Author: Ralf Rogowski,Thomas Gawron

Publisher: Berghahn Books

ISBN: 1785330969

Category: Law

Page: 316

View: 4345

Constitutional litigation in general attracts two distinct types of conflict: disputes of a highly politicized or culturally controversial nature and requests from citizens claiming a violation of a fundamental constitutional right. The side-by-side comparison between the U.S. Supreme Court and the German Federal Constitutional Court provides a novel socio-legal approach in studying constitutional litigation, focusing on conditions of mobilisation, decision-making and implementation. This updated and revised second edition includes a number of new contributions on the political status of the courts in their democratic political cultures.

A History of Law in Europe

From the Early Middle Ages to the Twentieth Century

Author: Antonio Padoa-Schioppa

Publisher: Cambridge University Press

ISBN: 1107180694

Category: History

Page: 820

View: 2927

The first English translation of a comprehensive legal history of Europe from the early middle ages to the twentieth century, encompassing both the common aspects and the original developments of different countries. As well as legal scholars and professionals, it will appeal to those interested in the general history of European civilisation.

Introduction to Public Law

A Comparative Study

Author: Élisabeth Zoller

Publisher: BRILL

ISBN: 9004161473

Category: Law

Page: 290

View: 4184

"Introduction to Public Law" is a historical and comparative introduction to public law. The book traces back the origins of the "res publica" to Roman law and analyzes the course of its development, first during the monarchical age in continental Europe and England, and then during the republican age that began at the end of the eighteenth century with the democratic revolutions in the United States and France. For each period and country, the book analyzes the major concepts of public law and their transformations: sovereignty, the state, the statute, the separation of powers, the public interest, and administrative justice.

After Public Law

Author: Cormac Mac Amhlaigh,Claudio Michelon,Neil Walker

Publisher: OUP Oxford

ISBN: 0191647993

Category: Law

Page: 328

View: 8715

Public law has been conceived in many different ways, sometimes overlapping, often conflicting. However in recent years a common theme running through the discussions of public law is one of loss. What function and future can public law have in this rapidly transforming landscape, where globalized states and supranational institutions have ever-increasing importance? The contributions to this volume take stock of the idea, concepts, and values of public law as it has developed alongside the growth of the modern state, and assess its continued usefulness as a distinct area of legal inquiry and normativity in light of various historical trends and contemporary pressures affecting the global configuration of law in general. Divided into three parts, the first provides a conceptual, philosophical, and historical understanding of the nature of public law, the nature of private law and the relationship between the public, the private, and the concept of law. The second part focuses on the domains, values, and functions of public law in contemporary (state) legal practice, as seen, in part, through its relationship with private domains, values, and functions. The final part engages with the new legal scholarship on global transformation, analysing the changes in public law at the national level, including the new forms of interpenetration of public and private in the market state, as well as exploring the ubiquitous use of public law values and concepts beyond the state.

Absolute Destruction

Military Culture and the Practices of War in Imperial Germany

Author: Isabel V. Hull

Publisher: Cornell University Press

ISBN: 0801467098

Category: History

Page: 400

View: 9974

In a book that is at once a major contribution to modern European history and a cautionary tale for today, Isabel V. Hull argues that the routines and practices of the Imperial German Army, unchecked by effective civilian institutions, increasingly sought the absolute destruction of its enemies as the only guarantee of the nation's security. So deeply embedded were the assumptions and procedures of this distinctively German military culture that the Army, in its drive to annihilate the enemy military, did not shrink from the utter destruction of civilian property and lives. Carried to its extreme, the logic of "military necessity" found real security only in extremities of destruction, in the "silence of the graveyard." Hull begins with a dramatic account, based on fresh archival work, of the German Army's slide from administrative murder to genocide in German Southwest Africa (1904-7). The author then moves back to 1870 and the war that inaugurated the Imperial era in German history, and analyzes the genesis and nature of this specifically German military culture and its operations in colonial warfare. In the First World War the routines perfected in the colonies were visited upon European populations. Hull focuses on one set of cases (Belgium and northern France) in which the transition to total destruction was checked (if barely) and on another (Armenia) in which "military necessity" caused Germany to accept its ally's genocidal policies even after these became militarily counterproductive. She then turns to the Endkampf (1918), the German General Staff's plan to achieve victory in the Great War even if the homeland were destroyed in the process-a seemingly insane campaign that completes the logic of this deeply institutionalized set of military routines and practices. Hull concludes by speculating on the role of this distinctive military culture in National Socialism's military and racial policies. Absolute Destruction has serious implications for the nature of warmaking in any modern power. At its heart is a warning about the blindness of bureaucratic routines, especially when those bureaucracies command the instruments of mass death.

The Oxford Handbook of Modern German History

Author: Helmut Walser Smith

Publisher: Oxford University Press on Demand

ISBN: 0199237395

Category: History

Page: 863

View: 5710

This is the first comprehensive, multi-author survey of German history that features cutting-edge syntheses of major topics by an international team of leading scholars. Emphasizing demographic, economic, and political history, this Handbook places German history in a denser transnational context than any other general history of Germany. It underscores the centrality of war to the unfolding of German history, and shows how it dramatically affected the development of German nationalism and the structure of German politics. It also reaches out to scholars and students beyond the field of history with detailed and cutting-edge chapters on religious history and on literary history, as well as to contemporary observers, with reflections on Germany and the European Union, and on 'multi-cultural Germany.' Covering the period from around 1760 to the present, this Handbook represents a remarkable achievement of synthesis based on current scholarship. It constitutes the starting point for anyone trying to understand the complexities of German history as well as the state of scholarly reflection on Germany's dramatic, often destructive, integration into the community of modern nations. As it brings this story to the present, it also places the current post-unification Federal Republic of Germany into a multifaceted historical context. It will be an indispensable resource for scholars, students, and anyone interested in modern Germany.

Why the Germans? Why the Jews?

Envy, Race Hatred, and the Prehistory of the Holocaust

Author: Götz Aly

Publisher: Metropolitan Books

ISBN: 080509704X

Category: History

Page: 304

View: 5734

A provocative and insightful analysis that sheds new light on one of the most puzzling and historically unsettling conundrums Why the Germans? Why the Jews? Countless historians have grappled with these questions, but few have come up with answers as original and insightful as those of maverick German historian Götz Aly. Tracing the prehistory of the Holocaust from the 1800s to the Nazis' assumption of power in 1933, Aly shows that German anti-Semitism was—to a previously overlooked extent—driven in large part by material concerns, not racist ideology or religious animosity. As Germany made its way through the upheaval of the Industrial Revolution, the difficulties of the lethargic, economically backward German majority stood in marked contrast to the social and economic success of the agile Jewish minority. This success aroused envy and fear among the Gentile population, creating fertile ground for murderous Nazi politics. Surprisingly, and controversially, Aly shows that the roots of the Holocaust are deeply intertwined with German efforts to create greater social equality. Redistributing wealth from the well-off to the less fortunate was in many respects a laudable goal, particularly at a time when many lived in poverty. But as the notion of material equality took over the public imagination, the skilled, well-educated Jewish population came to be seen as having more than its fair share. Aly's account of this fatal social dynamic opens up a new vantage point on the greatest crime in history and is sure to prompt heated debate for years to come.

Origins of the German Welfare State

Social Policy in Germany to 1945

Author: Michael Stolleis

Publisher: Springer Science & Business Media

ISBN: 3642225225

Category: Political Science

Page: 188

View: 2685

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.

Vaccinations and Public Concern in History

Legend, Rumor, and Risk Perception

Author: Andrea Kitta

Publisher: Routledge

ISBN: 1136577084

Category: History

Page: 184

View: 452

Vaccinations and Public Concern in History explores vernacular beliefs and practices that surround decisions not to vaccinate. Through the use of ethnographic, media, and narrative analyses, this book explores the vernacular explanatory models used in inoculation decision-making. The research on which the book draws was designed to help create public health education programs and promotional materials that respond to patients’ fears, understandings of risk, concerns, and doubts. Exploring the nature of inoculation distrust and miscommunication, Dr. Andrea Kitta identifies areas that require better public health communication and greater cultural sensitivity in the handling of inoculation programs.

German Legal System and Laws

Author: Nigel G. Foster,Satish Sule

Publisher: Oxford University Press, USA

ISBN: 0199233438

Category: Law

Page: 650

View: 8518

This fourth edition has been thoroughly updated and revised to provide a comprehensive introduction to the German legal system and covers institutional, public, and private law. Included are extracts from the Grundgesetz and a glossary of German legal terms.--Preface.

The Woman Beneath the Skin

A Doctor's Patients in Eighteenth-century Germany

Author: Barbara Duden,Thomas Dunlap

Publisher: Harvard University Press

ISBN: 9780674954045

Category: Medical

Page: 241

View: 3687

In this provocative study, Barbara Duden asserts that the most basic biological and medical terms we use to describe our own bodies - male and female, healthy and sick - are in fact cultural constructions.

Five Legal Revolutions Since the 17th Century

An Analysis of a Global Legal History

Author: Jean-Louis Halpérin

Publisher: Springer

ISBN: 3319058886

Category: Law

Page: 194

View: 3918

This book presents an analysis of global legal history in Modern times, questioning the effect of political revolutions since the 17th century on the legal field. Readers will discover a non-linear approach to legal history as this work investigates the ways in which law is created. These chapters look at factors in legal revolution such as the role of agents, the policy of applying and publicising legal norms, codification and the orientations of legal writing, and there is a focus on the publicization of law. The author uses Herbert Hart’s schemes to conceive law as a human artefact or convention, being the union between primary rules of obligations and secondary rules conferring powers. Here we learn about those secondary rules and the legal construction of the Modern state and we question the extent to which codification and law reporting were likely to revolutionize the legal field. These chapters examine the hypothesis of a legal revolution that could have concerned many countries in modern times. To begin with, the book considers the legal aspect of the construction of Modern States in the 17th and 18th centuries. It goes on to examine the consequences of the codification movement as a legal revolution before looking at the so-called “constitutional” revolution, linked with the extension of judicial review in many countries after World War II. Finally, the book enquires into the construction of an EU legal order and international law. In each of these chapters, the author measures the scope of the change, how the secondary rules are concerned, the role of the professional lawyers and what are the characters of the new configuration of the legal field. This book provokes new debates in legal philosophy about the rule of change and will be of particular interest to researchers in the fields of law, theories of law, legal history, philosophy of law and historians more broadly.

Democracy and Financial Order: Legal Perspectives

Author: Matthias Goldmann,Silvia Steininger

Publisher: Springer

ISBN: 3662555689

Category: Law

Page: 230

View: 3375

This book discusses the relationship between democracy and the financial order from various legal perspectives. Each of the nine contributions adopts a unique perspective on the legal and political challenges brought to the fore by the Global Financial Crisis. This crisis and the ensuing sovereign debt crisis in Europe are only the latest in a long series of financial crises around the globe in recent decades. By their very existence, but also as a result of the political turmoil they have created, these financial crises testify to the well-known tensions between democracy and a market-based economic and financial order. However, what is missing in this debate is an analysis of the role of law for reconciling democracy with a market-based financial order. To fill this lacuna, the book focuses on the controversy surrounding the concept of law, thereby adding another variable to the debate on the relation between democracy and capitalism. Each chapter addresses the concept of law from a particular theoretical angle, be it a full-grown legal theory or an approach in political economy that has a particular view of the law.

German Administrative Law

In Common Law Perspective

Author: Mahendra P. Singh

Publisher: Springer Science & Business Media

ISBN: 3662024578

Category: Law

Page: 194

View: 614

It is with the greatest pleasure that I add a few introductory remarks to the book of Dr. Mahendra Pal Singh on German administrative law. Between 1981 and 1982 Dr. Singh spent nearly two years in Heidelberg, doing re search partly at the South Asia Institute of the Ruprecht Karl University and partly at the Max Planck Institute for Comparative Public Law and International Law. During his stay in the Federal Republic of Germany, Dr. Singh studied the general principles of German administrative law in a careful and admirable manner, and he has now completed the present book which is based on his studies in Heidelberg. For several reasons Dr. Singh is especially qualified to write this book: His famil iarity with the administrative law of his home country has enabled him to look upon the German law with considerable objectivity; his knowledge of the German lan guage gave him access to the vast amount of German literature and court decisions; and Dr. Singh was able to penetrate this material with a searching and scholarly spirit. The final product seems to be the first comprehensive treatise in English on German administrative law.