Public Law in Germany, 1800-1914

Front Cover
Berghahn Books, 2001 - History - 514 pages

This study, by one of Germany's most prominent scholars of legal history, examines a period crucial for the history of constitutionalism in this century after the collapse of the Holy Roman Empire of the German Nation in 1806. This was the era of the Congress of Vienna, of the Restoration and the constitutionalist movement, of the Revolution of 1848 and the foundation of the German Empire by Bismarck. All these developments had profound repercussions on the social and constitutional structures of central European society; they invalidated the basic principles of the previous legal system and paved the way for the changes and controversies involved in the formation of a notion of the state and public law in the nineteenth century.

But the history of public law is also marked by continuities, by long-term shits in feudal and criminal law related to the social and political conditions of the period. Integrating intellectual with political history, this book explores the constitutional movements in the literature and scholarship of public law leading to the foundation of the German Confederation, the rise of administrative law with the "German Revolution" of 1848, and the parallels between, and increased separation of, private and public spheres in the epoch of positivism that depoliticized the scholarly investigation of public law and led to the call for the purely legal construction of constitutional law that we have today.

 

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Contents

German Public Law around 1800
1
Reichspublizistik in the Endphase of the Empire
7
The Decline of the Empire and the Defeat of Prussia
14
The Congress of Vienna and the German Confederation
41
Basic Dogmatic Positions
56
Scholarship on the Common Constitution before 1848
90
Liberalism
113
The Constitutional Law of Individual States
161
General German Constitutional Law
309
Legal Method and the Doctrine of Imperial State
315
Doctrine of Constitutional Law to World War I
328
Journals
352
Administrative Law and Administrative Doctrine 18501914
373
Dogmatic Positions
396
Journals
402
Doctrine of the State 18501914
419

The Beginnings of Administrative Law before 1848
207
Public Policy Public Affairs Administrative
218
The First Phase of an Independent Administrative
229
Constitutional Law in the Revolution of 1848
248
The Consequences
254
Individual State Constitutional and Administrative
265
Summary
291
The Realistic Conception of the State
429
FindeSiecle
439
National State or State in an Industrialized Society?
445
Bibliography
460
Index
487
Copyright

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Page 485 - Erster Versuch einer wissenschaftlichen Begründung sowohl der allgemeinen Ethnologie durch die Anthropologie wie auch der Staats- und Rechtsphilosophie durch die Ethnologie oder Nationalität der Völker in drei Teilen.

About the author (2001)

Michael Stolleis has held the Chair of Public Law and Early Modern Legal History at the University of Frankfurt since 1975. Since 1991, he has been the Director of the Max-Planck-Institute for European Legal History. In 1991 he was awarded the Leibniz Award and in 1995 the Swedish Riksbanken Research Award.

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