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1. ConceptVested rights (Latin iura quaesita, German wohlerworbene Rechte, French droits aqcuis) in the European jurisdictions influenced by Roman law were legal positions awarded to individuals (Person) or groups by legal act. They were distinct from other rights by virtue not of their content, but solely the manner of their acquisition (Law) [10. 42]. Underlying them was the idea that legal titles, except where founded in the state of nature (“natural rights”), required a specific act of bestowal in order to be “vested” (i.e. irrevocably …

1. Definition A legal remedy (Latin  remedium iuris, remedium contra sententias; French  voie de recours; German  Rechtsmittel) enables a party in a trial before a court of law to dispute a judgment; if a legal remedy is utilized, a higher instance reviews and decides the case anew. In broader usage until around the year 1850, a legal remedy covered all means of protecting or enforcing one’s rights, including lawsuits, appeals, complaints, petitions, and acts of restoration to a previous state. As a rule, but not necessarily, a legal remedy is utilized in a court of law.Martin Otto2. T…

1. Concept Road laws are the statutes governing the construction, use, dedication, and naming of public and private roads (see Road construction). Since the separation of legal spheres became established, road laws have been considered part of public law, but their effect also extends into private law [13. 331]. Road laws in this sense do not include the right of way in civil law, a right in rem attached to land permitting public access to make a way across it (a type of easement, also known as a servitude).Martin Otto2. StraßenzwangIn the medieval Empire, a  Straßenzwang (road enforc…

1. Definition and historical context Trial by jury and assizes (French jury, cour d'assises; German  Schwurgerichte,  Geschwor(e)nengerichte, Assisen) - are courts of law composed of professional judges and jurors (Lay judge); in contrast to German Schöffengerichte, a distinction is made between the judges’ and jurors’ bench. The concept of trial by jury recalls the oath sworn by medieval lay judges. In the German political terminology of the Vormärz period, the term ( Schwurgerichte) stood for courts at which citizens themselves administered justice.Such trials by jury…

“Confederation of the Rhine” (German  Rheinbund; French  Confédération du Rhin) is the name given to two early modern federations of German states created under French influence (States, confederation of).1. First confederation, 1658A first Rhenish confederation (the “Rhenish League” or “Rhenish Alliance”; German  Rheinischer Bund, Rheinische Allianz; French  Ligue du Rhin) was formed on August 14, 1658 at Frankfurt am Main as a response to the election of the Habsburg Leopold I as Holy Roman Emperor (Holy Roman Empire [of the German Nation]).…

1. Philosophy 1.1. In generalIn general terms, judgment is the capacity and act of determination and decision. Transmitted from antiquity and scholasticism, the term (Latin iudicium; cf. French  jugement, German Urteil) had a place in all arts and sciences of the early modern period, as well as in law (see below, section 2), politics, and the various crafts and trades of everyday life. In particular, it was constantly disputed whether reason, understanding, or external and internal senses should claim the greatest authority …

1. Definition In the Middle Ages, law (Latin ius, French  droit, German  Recht - the German term, like English “right,” is a substantivization of the adjective  reht meaning “right,” “straight,” “correct,” attested since the 8th century) - originally indicating a statute like Latin  lex and French  loi - was a divine disposition [53. 249 f.]. With few exceptions (Municipal law), written legal collections were not viewed as normative. It was rather on account of the influence of the medieval law school at Bologna and the so-called learned …

1. General considerations Censorship (Lat. censura; “examination,” “judgment”) is now understood as the “authoritative monitoring of human utterances” [18. 3] and serves for communication monitoring, generally for the stabilization of a state or church system. This monitoring is realized by means of various different practical measures: by preventive censorship, which requires the submission for examination of manuscripts by relevant institutions before printing begins, or subsequent or repressive censorship, whi…