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Law

(10,484 words)

Author(s): Otto, Martin
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 …
Date: 2019-10-14

Legal remedy

(2,629 words)

Author(s): Otto, Martin
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…
Date: 2019-10-14

Jury, trial by

(1,315 words)

Author(s): Otto, Martin
1. Definition and historical context Trial by jury and assizes (French jury, cour d'assises; German  SchwurgerichteGeschwor(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…
Date: 2019-10-14

Judgment

(2,671 words)

Author(s): Eckert, Georg | Otto, Martin
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 …
Date: 2019-10-14

Censorship

(5,070 words)

Author(s): Schneider, Ute | Beutel, Albrecht | Otto, Martin
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…
Date: 2019-10-14