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Administrative judiciary

(762 words)

Author(s): Pahlow, Louis
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…
Date: 2019-10-14

Allgemeines Landrecht für die preußischen Staaten (ALR)

(1,091 words)

Author(s): Pahlow, Louis
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…
Date: 2019-10-14

Law, faculty of

(933 words)

Author(s): Pahlow, Louis
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…
Date: 2019-10-14

Notary

(806 words)

Author(s): Pahlow, Louis
1. DefinitionA notary’s job was to record, witness, or certify legal transactions of a public or private nature (Law). The presence of notaries thus presumes that a legal system relies on writing to a certain degree. Documents that had been certified by notaries were considered means of proof; in general, they enjoyed and still enjoy public credence, that is, their contents are regarded as correct until proven otherwise.Louis Pahlow2. Early modern periodAt the dawn of the early modern period, notaries were generally recognized in both the ecclesiastical and secular…
Date: 2020-04-06

Lawsuit

(785 words)

Author(s): Pahlow, Louis
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 t…
Date: 2019-10-14

Iura maiestatis

(892 words)

Author(s): Pahlow, Louis
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 Europe from a comprehensive philosophical discourse of the state. The starting point was maiestas, which in the early modern period indicated not only the exalte…
Date: 2019-10-14

Land rights

(991 words)

Author(s): Pahlow, Louis
1. IntroductionThe origins, transfer, and…
Date: 2019-10-14

Lay judge

(818 words)

Author(s): Pahlow, Louis
1. IntroductionLay j…
Date: 2019-10-14

Commercial law

(2,220 words)

Author(s): Pahlow, Louis
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. The 16th and 17th centuriesIn 1500, there was no uniform, overarching field of commercial law. On the contrary, commercial law was marked by particular legal sources and customs (Particular law) based on the conventions and rules that overland merchants and mariners had developed in the Middle Ages. It was reinforced by the jurisdiction of merchant guilds, legal records, and city statutes. On account of European trade, commercial law in Germany was influenced by Italian and French comme…
Date: 2019-10-14

Independence, judicial

(836 words)

Author(s): Pahlow, Louis
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.…
Date: 2019-10-14

Policey criminal law

(904 words)

Author(s): Pahlow, Louis
1. Introduction Polizeistrafrecht, or “police(y) criminal law,” or the “law of police(y) contraventions,” is defined as the sphere of governmental or state sanctions that until well into the 19th century was intended to assure adherence in Europe to the provisions of the political order known in the German tradition as
Date: 2020-10-06

Insurance

(3,370 words)

Author(s): Denzel, Markus A. | Pahlow, Louis | Mittag, Jürgen
1. Commercial history 1.1. Definition and historical originsInsurance is the elimination of individual financial risk by distributing it to a community with similar risk. This is done by the payment of individual contributions or premiums into a common fund, the total sum of which is determined by the amount of risk to be covered. The commercial insurance industry facilitates the creation of risk communities, the collection of premiums, and the disbursal of insurance benefits as services. Together with the banking industry (Bank), it is one of the principal branches of the financial sector.The most important medieval predecessor of the European insurance industry was marine insurance, that is, insurance for ships and/or their cargos. This form of insurance developed between the 12th and 14th century in the wake of the commercial revolution of Italy and is first attested in Tuscan documents around 1320. It in turn can be traced back to the much used maritime loan (Latin foenus nauticum) of Greco-Roman antiquity, which was condemned as usury in 1234. 1.2. The spread of marine insuranceMarine insurance developed in the 16th century outside of Italy in con…
Date: 2019-10-14

Instantia austraegalis

(835 words)

Author(s): Pahlow, Louis
Date: 2019-10-14

Corporate law

(1,109 words)

Author(s): Pahlow, Louis
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 commenda, which derived from maritime trade, was normally dedicated to carrying out a single commercial transaction, such as a trading voyage overseas (Trade, Long-distance). The company was much more significant: it emerged from the need or desire that a m…
Date: 2019-10-14

Felicity

(893 words)

Author(s): Pahlow, Louis
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
Date: 2019-10-14

Patent law

(894 words)

Author(s): Pahlow, Louis
Patent law regulates the capacity of inventions, that is, intellectual and creative accomplishments, for legal protection and the form of that protection itself, in a technical area. This concept was by no means self-evident in the early modern period, but rather was controversial with respect to economic policy in some cases.…
Date: 2020-10-06

Patrimonial jurisdiction

(755 words)

Author(s): Pahlow, Louis
Patrimonial jurisdiction was a special form of private jurisdiction that was usually linked to the possession of an estate (Latin  patrimonium), hence to land holdings. It might apply to both civil and criminal cases.1. The early modern periodLandlords had often conferred their jurisdictional competence on cities, monasteries, abbeys, and estates (Gutsherrschaft) since the Middle Ages. In Continental Europe, the lowest level of jurisdiction might thus lie in private hands, since it was viewed as a…
Date: 2020-10-06

Freedom of trade

(997 words)

Author(s): Pahlow, Louis
1. DefinitionToday, the co…
Date: 2019-10-14

Medizinalpolizei

(2,258 words)

Author(s): Pahlow, Louis | Zare, Antje
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…
Date: 2019-10-14

Intellectual property

(2,180 words)

Author(s): Pahlow, Louis
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…
Date: 2019-10-14
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