Introduction Flashcards
Discuss different law ways of thinking
- Natural law doctrine-> a single, just and reasonable order of our society that is unchanging in all times and places. It is given to us by god/nature, just as the natural laws of physics
are given to us. → Samuel Pufendorf in the 17th -> legal order could be constructed purely from reason. 2.Positive Law doctrine: Law is solely a product of people→ Law can have any content, if only it has been set by the
people responsible for it in the manner intended, no matter how
unjust it may seem to us. (e.g. Hans Kelsen)
Discuss the notion of the state and how was it developing in the different period of history.
1.Middle Ages (500-1500): Feudal state of personal association of the persons in power – Feudalism and Estates System
2. Early Modern Age/Absolutism: Institutionalised territorial state (unified authoritative power through administration with fixed competences)
3. Enlightemnent/19th century: Constitutional State (clearly defined
powers of the state) & Nation State (homogenous population asideal)
4. Modern Definition: Sum of Positive, Effective Legal Norms (Kelsen)
three elements State Power-State Territory-State People by Georg Jellinek
For Kelsen Law and State are identical
Discribe the sociological concept of the state
Formulated by Max Weber the concept provides folloeing explanation->”within a certain territory […] claims for itself (with success) the
monopoly of legitimate physical violence”, i.e. a “relationship of
domination by people over people” based on legitimacy.
His definition of the state as an instrument of domination is interpreted in different ways:
→ from a liberal perspective, as a necessary, instrument to protect individual freedom;
→ from a Marxist point of view (also) as an instrument that (in
the bourgeois state) serves the interests of the ruling class as a
superstructure (and after the revolution is supposed to pave the wayto socialism);
What is exegesis
Also called source criticism. It is method of anylsing the historical soutces according to certain rule and places in a historical nad thematic context, whcih then allows the researcher to evaluate them.
What is the Roman-German Empire also known as Sacrim Imperium. Outline the formation and development of the HRE
In 395 AD the definite devision into Eatern and Western Empires for a better administration.
1. The Western Roman Empire soon disintegrates in the Migration;
(→The last Western Roman emperor was deposed in 476
2. The Eastern Roman Empire (Byzantine Empire) continues almost
the entire Middle Ages until 1453;
3. In the Western Empire Germanic kings established their states, the most important of which was Frankish Empire->in 800 the Frankish king Charlemagne was crowned emperor by the Pope. → two emperors again!->revival of the Western Roman Empire (renovato imperii)
4. 962->coronation of Otto I the Great->Holy Roman Empire
Why the split is still so sagnificant today?
- in the East, despite Roman rule, Greek culture remained dominant, from the Greek script developed the Cyrillic script, and from the basis of the Byzantine Imperial Church emerged the Greek Orthodox Church
- In the West, where the Latin script is used, due to the lack of emperors, the Pope becomes more and more important → emergence of the Roman Catholic Church
What is the Golden Bull and why is that so important
Golden Bull of 1356 was issued by Emperor Charles IV->kinda Constitution for the Holy Roman Empire and was crucial for the:
1. election process of Emperor -7 prince electors would choose the HR Emperor
2. Limitation of Papal influence-German electors would choose the emperor independently of the Pope-separation
Explain the corelation between the Roman Emperor and German King
- Kings are feudal rulers
- an emperor is the supreme ruler and protector of all christian kingdoms; lover catholic priest, gets the power from god
Political order in the HRE
- The heratland was the German Kingdom, was originally structures along tribal lines (Franks, Saxons. Bavarians, Swabians/ Alemanni) each ruled by a duke. From the 12th century-union of lands
- the throne wasn’t a subkect of hereditary succession.
What is kingsless period
- Under the rouling of Emperor Frederick II the HRE flourished once again, after the death in 1250-decline-power vacuum trhough the Cnetral Europe as the princes were unable to agree on a new German king.
1250-73-kingsless period- Rudolf I of Habsburg as a German king-
How can you expalin two sword doctrine ?
Is a medieval Christian concept that desvribes the relationsheep between secular (political) and ecclesastical power (church) authority -both are methaphoricaly sumbolized as swords that are indended to work in harmony, but under the authority of the church->the pope possesses 2 swards but grants them temporarly to the rulers
two-emperors-problem
After the establishment of the Holy Roman Empire after the coronation of the Otto I the Great-idea of world domination-hoppala problemo-the second emperor in Byzantine
Explaine the structure of feudalism
- european feudalism emerged in the Frankish Empire (6th-9th century) and dominated the entire Middle Ages and the modern early period, lost the economic basis with the advent of the Industrial Revolution.
- Had Gallo-Roman and Germanic routes. Land=loyality to the vassal. Only to vassal, no obligations in front of the king
- In order to avoid fiefs becoming hereditary- many of them were not granted to the secular but to ecclesiastical princes- no kinds (celibacy) no heirs
Monoralism
- the leasing of land became an essential feature if the nobility’s rule over its subjects; supported feudalism
- the main focus was on the landlorde’s houshold with domesne (private land) +tenured land cultivated by peasants; how the resources were menaged on estates
- development of lex familiae-the landlord or his deputy acted as a judge-active partisipation in lawmaking process in the manor.
- In modern timer such cooperative relarionship became unilateral->patrimonial jurisdiction-included wide variety of administrative matters (policey)
- lex familiae was recorded in ruural Weistümer
