C Codification in Germany Flashcards
Explain how the rule of succession changed in the HRE
-Hereditary success. before
-Dignitaries of HRE did not like Charles the fat
-chose nephew Arnulf of Carinthia as their new king
-tradition of ‘Chosen ruler started’
Desribe the new process of succession after the desposition of Charles the Fat
- elected by a group called ELECTORS
-Three clericle-three archibishops
-Four secular-Count, duke and margrave
-1438 onwards, elected person member of Habsburg fam
-so ended up being hereditary anyways
After election, Two stage procedure 4 becom. Emp.:
-Step 1: coronation in the city of Aachen (one of dem capitals)
-Rex Romanorum
-‘King of the Romans’
-Step 2: Coronation in Rome (by pope) as Emp. of Rome
Explain the idea of two powers
-Bible states that lord claims that there are 2 swords
-Pope Gelasius interpre. as meaning that the emperor must bow to the will of the pope in:
-religious matters
-pope gives king the sword (secular /royal power)
-Describe the Investiture controversy
-Conflict between the pope and emperor over who has right 2 appoint bishops
-Two swords notion encompassed this
-PG’s interpretation suggested it was pope’s role
Evaluate the political significance of the role of a bishop
- Counterbalanced the heredit. powerful secural figures (e.g: lord)
-counterbalance to noble elite
2.Quality staff
-only church soundl possesed ppl that had suff. edu. , exp. + know. 2 hold
-high exec. posit. - Provided gov. apparatus
-beaurocracy, etc?
4.some eventually could vote for emperor
What was the purpose of The Dictates of the Pope
2 make clear that he was head of church
+ABOVE the emp. (holy shit!!)
-only he can appoint bishops
Why did the walk to Canonnasa occur
-King Henry 4 appointed a bishop himself
Derscribe how the Habsburgs first attempted to centralize the administration of justice
-Maximillian I- Imperial Chamber Court
-instructed the court to decide cases based on law of the Emperors(Roman law)
-historical ius commune
-tried to lead some kind of unif.
-did not sub. contr. 2 this
-Weltzlar (minor city- one of only which agreed 2 host the court)
-still des. 2 deal with leg. matters themselves
-ICC oftentimes took 20 years 2 deal with casses (not effective)
Which Privileges did the Habsburg emperors give to local courts
1.Privilegium de non appellando
-priv. 2 not be appealed
-exemp. from juris. of ICC
during appeals, loc. co. judg. final
- Privilegium de non evocando
-can block ICC from seizing juris. of Loc. Cou.
-can not take case from lower court if interests of emp. at stake
What was the significance of the privileges the Habsburg emperor gave to the lower courts?
-rarely did a case initia. decided by loc. court ended up at ICC
Why were privileges given to lower courts?
- Lower courts bought them
-state got income they desperently needed
Describe the first criminal code introduced in the HRE
-`1532: CC introduced by King Charles V
-Constitutio Criminalis Carolina
-progressive: only fact-based judements
Explain whether the Constitutio Criminalis Carolina was or was not a codification
-No
-No clause of exclusivity
-codification can’t come from emperor but someone with more legal influence
Abdication of Charles 5
How did the Kingdom of Prussia want to replace the power of Roman Law
-ALR (allgemeine lanrecht fur die preussischen staaten)
-Cocceji introduced new sub. set of rules that foc. more on:
-natural law (vernunfrecht)
- Draft in 1749
-Frederick III thought 2 much room 4 interp.
-asked Carl Gottlieb Schwarz
-Draft in 1791
-become ALR
-subsidiary legal validity (NOT CODIFICATION)
-valid in Pruss. until BGB
NB: NOT CODIFICATION UNDER OUR DEF
