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Military law

(1,855 words)

Author(s): Klippel, Diethelm
1. Definition and scope Military law, disregarding the various contemporary usages of the term, may be understood as all law that pertains to the military, especially the legal norms that govern its inner composition, administration, and conflicts, as well as its external relations with the population and state and its conduct in military confrontations with other states. With respect to the history of the term, military law (German:  Militärrecht) was increasingly used after 1800 to translate the Latin term ius militare. Previously, the general term was the “law of war” (German:  K…
Date: 2020-04-06

Asylum, right of

(968 words)

Author(s): Andersch, Ulrike | Klippel, Diethelm
Since antiquity “asylum” (Greek ásylon) has meant a place of refuge where refugees could find protection. Under the influence of medieval legal theory, in the course of the early modern period today’s understanding of the right of asylum developed; it distinguishes between the right of asylum as the sum of legal norms that regulate the field of law and the subjective right of asylum of a  refugee. In the early modern period, the development of an ecclesiastical right of asylum, a secular right, and an international right overlapped. 1. Ecclesiastical right of asylum The ecclesiastical r…
Date: 2019-10-14

Justice

(1,149 words)

Author(s): Klippel, Diethelm | Übler, Rebekka
1. Definition and contextsThe concept of justice and what it means is one of the fundamental problems of the philosophy of law and of conceptions of law in every age; this question is also closely tied to the religious or theological notion of the justice of the gods or God (God, concepts of; Theodicy). The number of answers is correspondingly endless, particularly in the early modern period. The question of historical change in the concept of justice seems even more difficult to answer. Only a few…
Date: 2019-10-14

Freedom of migration

(1,505 words)

Author(s): Liebner, Katrin | Klippel, Diethelm
Freedom of migration is understood to be the right to leave, initially, the territory of a ruler and then - after the formation of states over the course of the early modern period - a national territory for the purpose of establishing permanent residency in a different area. Only after the rise of the modern sovereign state (Sovereignty) with clearly defined national boundaries can one draw a clear distinction between freedom of emigration and freedom of movement. The history of freedom of migr…
Date: 2019-10-14

Freedom of movement

(909 words)

Author(s): Klippel, Diethelm | Dehmer, Gregor
1. DefinitionFreedom of movement is the right to stay (temporarily) and reside (permanently) freely and unimpeded by the state anywhere within its territory. Freedom of movement thus represents the inner-state counterpart to freedom of migration. A clear distinction between these two types of freedom developed over the course of the emergence of the modern sovereign state (Sovereignty) with precisely delimited national borders (Boundary). Much of the history of freedom of movement thus coincides …
Date: 2019-10-14

Law and ethics

(966 words)

Author(s): Habermeyer, Helen | Klippel, Diethelm
Both law and ethics formulate cultural behavioral norms. The differentiation or distinction between these areas is thus a fundamental problem of juristic and philosophical thought. Usually, the view is taken that pre-state societies had not yet separated legal, ethical, and religious norms from one another; this did not happen until after the Enlightenment [9. 2 f.].Although the question of the distinction between natural law, ethics, and state law had already been raised in the Middle Ages (by Thomas Aquinas among others), it took on new and, in …
Date: 2019-10-14

Personality, right of

(1,739 words)

Author(s): Klippel, Diethelm
1. ConceptPersonality rights are understood today as subjective rights resting upon and deriving from the essence of the human person. On the one hand, as human rights, they guarantee the recognition of elementary human needs by the state (Humankind, human being), while on the other, as a general right of personality and in the plural as special rights of personality, they forbid in civil law unauthorized infringements by fellow citizens into certain protected personal areas (e.g. private sphere, name, likeness).The history of personality rights is difficult to discern f…
Date: 2020-10-06

Human dignity

(1,366 words)

Author(s): Klippel, Diethelm | Paulus, Maria Elena
1. DefinitionThe concept of human dignity (Latin, dignitas hominis; French,  dignité de l'homme; German, Menschenwürde) is considered difficult to grasp; it is said to be beset by “problems and paradoxes” [7], by ambiguity, and by “notorious indefiniteness” [14. 17]. Beyond the claim that it is a quality of humankind that warrants recognition, its definition and historical development have depended on prevailing conceptions of what it is to be human (Humanity) and the concept of dignity. Although a comprehensive monograph on the his…
Date: 2019-10-14
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