Public Law in Germany 1800 1914

Author: Michael Stolleis
Publisher: Berghahn Books
ISBN: 1571810579
Release Date: 2001-01-01
Genre: History

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.

Conceptualizing Religion

Author: Benson Saler
Publisher: BRILL
ISBN: 9004095853
Release Date: 1993
Genre: Religion

How might we transform a folk category - in this case, religion - into an analytical category suitable for cross-cultural research? In addressing that question, this book critically explores various approaches to the problem of conceptualizing religion for scholarly purposes, particularly with respect to certain disciplinary interests of anthropologists. The author argues that the most plausible analytical strategy can be based on the idea of family resemblances, especially as that idea has been used and developed in contemporary prototype theory. In the solution proposed, religion is conceptualized as an affair of 'more or less' rather than a matter of 'yes or no, ' and no sharp line is drawn between religion and non-religion.

A History of Public Law in Germany 1914 1945

Author: Michael Stolleis
Publisher: Oxford University Press on Demand
ISBN: 019926936X
Release Date: 2004
Genre: Law

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
Publisher: A&C Black
ISBN: 9781782251996
Release Date: 2014-07-18
Genre: Law

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.

Public Law in Germany

Author: Michael Stolleis
Publisher: Oxford University Press, USA
ISBN: 0198798962
Release Date: 2017-05-25
Genre: History

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.

A History of Public Law in Germany 1914 1945

Author: Michael Stolleis
Publisher: Oxford University Press on Demand
ISBN: 019926936X
Release Date: 2004
Genre: Law

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.

Constitutional Courts in Comparison

Author: Ralf Rogowski
Publisher: Berghahn Books
ISBN: 9781785330964
Release Date: 2016-08-30
Genre: Law

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.

Introduction to Public Law

Author: Élisabeth Zoller
Publisher: BRILL
ISBN: 9789004161474
Release Date: 2008
Genre: Law

"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
Publisher: OUP Oxford
ISBN: 9780191647994
Release Date: 2013-05-09
Genre: Law

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.

A History of Law in Europe

Author: Antonio Padoa-Schioppa
Publisher: Cambridge University Press
ISBN: 9781107180697
Release Date: 2017-08-03
Genre: History

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.

Origins of the German Welfare State

Author: Michael Stolleis
Publisher: Springer Science & Business Media
ISBN: 9783642225222
Release Date: 2012-11-15
Genre: Political Science

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 Oxford Handbook of Modern German History

Author: Helmut Walser Smith
Publisher: Oxford University Press on Demand
ISBN: 9780199237395
Release Date: 2011-09-29
Genre: History

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.

German Legal System and Laws

Author: Nigel G. Foster
Publisher: Oxford University Press, USA
ISBN: 9780199233434
Release Date: 2010
Genre: Law

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.

Why the Germans Why the Jews

Author: Götz Aly
Publisher: Metropolitan Books
ISBN: 9780805097047
Release Date: 2014-04-15
Genre: History

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.