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Die P. war eine besondere Form privater Gerichtsbarkeit, die meist mit dem Besitz eines Gutes (lat. patrimonium), also mit Grund und Boden, verknüpft war. Sie konnte für Zivil- und Strafsachen zuständig sein.1. Frühe NeuzeitSeit dem MA hatten die Landesh…

1. IntroductionLaw faculties were the administrative and knowledge-organizing elements (Faculty) of a university that were responsible for the training of jurists. Founded in the Middle Ages, they transformed in the early modern period under the influence of certain religious, political, and cultural movements. Across Europe, these trends led to the founding of numerous universities and, with them, faculties of law. Significant changes in the organization and instruction of law faculties can also be observed.Louis Pahlow2. Confessional and state influencesThe end of fait…

1. IntroductionA lawsuit occurs when a plaintiff initiates legal proceedings before a court of law seeking recourse against a defendant. In connection with the spread of scholarly Roman law across Europe (Ius commune), lawsuits were increasingly formalized and refined as remedies according to civil procedure.Louis Pahlow 2. Early modern developments In contrast to medieval law, in which official judicial authority had not yet asserted itself over vigilante self-help [7] (Feud), in the early modern period convening a court became the norm. Lawsuits (Latin  actio; German Klage, “lawsuit” or “complaint”) became the dominant technical term in civil procedure, although the Latin and German equivalents retained non-litigational senses. In German, the compound word Anklage was still used synonymously with Klage; only later did the two terms became specific technical terms in criminal proceedings (Inquisition, trial by). The accusatorial system, as regulated by the Reformation of Worms (1498) and the Carolina (1532), brought with it so many risks that an injured party must have had a difficult decision to make before initiating priv…

Iura maiestatis (“rights of majesty”) is an early modern term for the sovereign rights of a ruler. Across Europe, in the 17th century, they became the focus of the philosophical and legal discussion concerning the state (State, general theory of); they were highly important as the organization of the early modern state took shape.Beginning in the 16th century, different kinds of iura maiestatis emerged across Euro…

1. IntroductionThe origins, transfer, and lapse of land rights in early modern Europe, that is rights pertaining to real estate – such as ownership (Property), easements, and mortgages – were shaped by Roman legal models (Ius commune). With respect to their formal nature, however, early modern influences can be increasingly identified. Two groups of rights, which may be summarized as rights of use and rights of exploitation, were the most important land rights across Europe.Louis Pahlow2. Rights of useUnder ius commune, so-called servitudes (Latin, servitutes, easements),…

1. IntroductionLay judges differ from trained judges particularly in that they are not professionally trained jurists. Although the term “lay judge” does not appear in the legal sources or in the laws of the early modern period, they enjoyed varying importance as judges,  Schöffen in German-speaking territories, and jurors. The significance of lay judges as members of  juries in the Anglo-American legal world was incom…

1. DefinitionCommercial law (Latin,  ius mercatorum), as part of private law, consists of all law related to the merchant class in the early modern period. Commercial law includes both rules pertaining to the professional organizations of merchants, their privileges, commercial jurisdiction, and the law of bankruptcy, as well as commercial police law and international law. Private commercial law, however, including for example exchange law (Bill of exchange), corporate law, and insurance, has stood at the forefront of the European commercial law tradition.Louis Pahlow2. T…

1. Definition Citizenship designates membership in a state and thus is related to the early modern state-building process. The roots of citizenship, however, lie in the subject-ruler relationship of the early modern period.The term “nationality” in some cases is synonymous with citizenship; in others, until about 1850, it designated a somewhat reduced form of citizenship (see below, 2.). While English and French both use the word “nationality” (French,  nationalité) to indicate citizenship (cf. nation, nationalism), the German term Nationalität (and similarly  Nation) me…

1. DefinitionA distinction must be drawn between the objective and personal independence of a judge. While a judge is bound to observe only the law and statutes (Law [statute]) in arriving at his objective rulings, his personal independence guarantees the integrity of his official position. In an extended sense, both aspects are prerequisites of a just, fair judgment.Louis Pahlow2. The early modern periodJudges can be found as dependent officials in many territories at the beginning of the early modern period. In keeping with the theory of sovereignty dev…

The legal institution of  instantia austraegalis comprised courts of arbitration that existed alongside the traditional judiciary (Jurisdiction) or were set above it so as to resolve disputes between specific noble rulers and later the individual states of the German Confederation.1. The Holy Roman Empire of the German Nation Instantia austraegalis derived from the desire for a peaceful means of resolving conflicts between equal-ranking members of imperial esta…

commercial lawtrading companies  Early modern European corporate law predominantly concerned companies in which commercially active merchants or shareholders were personally liable. We can distinguish two primary types of trading company in the 16th and 17th centuries: the …

Felicity (German, Glückseligkeit) as the purpose of a state (State, purpose of) is one of the key concepts of the German political theory of enlightened absolutism in the latter half of the 18th century. The felicity of the state and its subjects gave the state its purpose for existing and acting. Whereas in a medieval theological context felicity was viewed primarily as a positive goal to be achieved in the afterlife (Latin, beatitudo), it became the subject of philosophical-ethical and political-theoretical discussion in the early modern period, coming to be…

An administrative judiciary ( Administrativjustiz) is the court-like review of measures taken by the police or the government outside the ordinary judiciary in the 19th century. Its roots lie in the  gute Policey (“good public order”) of the 18th century, whereby Policey cases were decided by Policey-Collegien, the so-called cameral judiciary (see Kameralprozess) After the administrative reforms at the beginning of the 19th century, the duties of gute Policey were assumed by the government. The administrative judiciary now consisted of court-like judicial i…

1. DefinitionToday, the concept of freedom of trade is usually mentioned in connection with free enterprise (Industrial policy). In the 18th and 19th centuries, however, freedom of trade had its own distinct meaning: in Europe, it encompassed both the traditional rights of merchants and the liberal and pre-liberal understanding of the freedom of domestic and foreign trade (Trade, external).Louis Pahlow2. The absolutist-mercantilist stateAlthough calls for freedom of trade can be found already in political works of the 16th and 17th centuries, the concept …

1. Origin and scope The Prussian ALR of 1794 was the result of efforts commencing also in other German territories around 1750 to modernize the legal system according to the ideas of enlightened absolutism ( Allgemeines Bürgerliches Gesetzbuch = ABGB; Codex Maximilianeus Bavaricus Civilis). The ALR is one of the most prominent codifications of the Early Modern Period. A start was made under Frederick William I and was succeeded by works especially during the reign of Frederick II. After a first version by the Grand Chancellor Samuel von…

1. DefinitionIntellectual property is a natural law concept that since the late 18th century has been understood to protect the rights of authors and inventors along the same lines as property rights. The theory of intellectual property (German geistiges Eigentum) met with considerable resistance in 19th-century Germany, which lives on today widely in German jurisprudence. In France ( propriété intellectuelle) and the anglophone legal world, the view of intellectual property as similar to property rights has prevailed.Louis Pahlow2. The era of privilegesThe legal prote…

1. DefinitionLimitation refers to the effect of time on a legal right that thereby is reduced with respect to its existence or its enforceability. Limitation is based on the condition that someone has failed to assert his rights within a certain time-frame. It appears both in private law and criminal law, as well as in other areas of law, such as administrative law.Louis Pahlow2. Private lawWith the reception of ius commune, its traditional principles of usucaption were also developed, that is, the acquisition of ownership by someone in possession of a thing (P…

1. Naturrecht 1.1. BegriffDas Staats- und Sozialmodell des nzl. europ. Naturrechts und damit die vom 17. Jh. bis in die erste Hälfte des 19. Jh.s maßgebliche Staats- und Gesellschaftstheorie beruhte auf der Vorstellung, alle menschlichen Institutionen seien rational als Gesellschaften zu deuten, die durch Verträge zustande kommen. Dementsprechend wurden insbes. die Ehe, das Verhältnis zwischen Eltern und Kindern sowie zwischen Herrschaft und Gesinde, die Familie als aus den genannten Gesellschaften zusammengesetzte Gesellschaft, die Kir…

1. Seuchenpolizei und staatliche Gesundheitsfürsorge 1.1. Instrument staatlicher GesundheitspolitikIn der Nz. rückte die Gesundheit der Bevölkerung in das Interessenfeld des Staates. V. a. im 18. und 19. Jh. fand unter dem Begriff der M. eine umfangreiche Diskussion über Aufgaben und Instrumente einer staatlichen Gesundheitsfürsorge statt. Den Forderungen der Theorie trugen die Staaten Europas z. T. durch unterschiedliche Maßnahmen Rechnung, etwa Medizinalordnungen oder Verbesserung der mediz. Versorgung der Bevölkerung.Ausgehend von der Kameral- und Polizei-Wiss…

1. Epidemic policy and state healthcare 1.1. As an instrument of state health policyIn the early modern period, the health of the population moved into the state’s field of interest. In the 18th and 19th century, under the term “medical policy” ( Medizinalpolizei), an extensive discussion took place concerning the responsibilities and means of state healthcare. European states met the demands raised in this theoretical discussion with a variety of different measures, as for instance the introduction of a medical code or the improveme…