Transcript Comparative Law Class 7

Comparative Law
Spring 2002
Professor Susanna Fischer
CLASS 7
GERMAN LEGAL SYSTEM:
HISTORICAL BACKGROUND III
FRENCH LEGAL SYSTEM:
HISTORICAL BACKGROUND I
ANNOUNCEMENTS
Some changes made to the Slides for
Class 6 to include more wrap up
information for Class 5 and information
on revival of Roman law
Reading List has been updated
Links to primary sources/additional
reference materials are on Reading List
as recommended readings
Age of Enlightenment: First
Codification of Civil Law
Bavarian Civil Code (1756) (in German)
Preußisches Allgemeines Landrecht (1794)
There were earlier 16th century codifications
of criminal law, such as the Carolina (1532),
but the 18th century saw attempts to create
comprehensive Codes including criminal law
Codes are heavily influenced by Roman law
(Corpus Juris Civilis as interpreted by
glossators)
End of the Holy Roman Empire
In 1806, the Holy Roman Empire is
terminated and the constitution of the Reich
is removed.
All that is left are various German States -
Bundesstaaten
In the early 19th century, many wish for
unification
In 1815, a federation is formed (Deutscher
Bund)
Bundesrat - highest parliamentary body
1848 – failed attempt at a Constitution
Liberal Constitutional State:
1806-1900
Otto von Bismarck –
Prussian Junker and
Minister-President of
Prussia
Conservative monarchist
1871 Unification of
Germany under Emperor
Wilhem I
Bismarck’sche
Reichsbervassung
(Constitution)
Bundesrat
Reichstag
19th Century: A New German
View of Roman Law
In the early 19th century, German legal
scholars still viewed Roman law through
the medieval lens of the glossators
In 19th century, historical school
(Savigny, Jhering) takes a different
approach – interpret Roman texts
themselves anew
Codifications of the Late 19th
Century
Zivilprozeßordnung of 1877 (Code of
Civil Procedure)
Strafprozeßordnung of 1877 (Code of
Criminal Procedure)
Bürgerliche Gesetzbuch (BGB) of 1896
(Civil Code) – comes into effect on Jan.
1, 1900
All 3 remain in force, as amended
Weimar Republic 1919-1933
In1918, toward the end
of World War I, Kaiser
abdicates and dynastic
leaders of Länder also
step down.
Treaty of Versailles of
1919
Weimar Constitution is
the first to have basic
civil rights
Period of serious
economic and political
disorder (unemployment,
inflation, strikes, unrest)
NAZI ERA 1933-1945
Dictatorship under Adolf Hitler
Evil government attempts to annihilate
opposition, Jews, Gypsies
Failed attempt at German imperialism
German legal system altered radically to
further Nazi aims
At the end of the Second World War, all
Nazi laws repealed
OCCUPATION: 1945-1949
French, American, English and Soviets
occupy Germany following the end of
World War II, in order to wipe out
Nazism, rebuild Germany, disarm
Germany, and re-establish a
constitution.
A DIVIDED GERMANY : FRG
vs. GDR
Grundgesetz der
Bundesrepublik
Deutschland
(Constitution of the
FRG) comes into
force in 1949 – has
basic rights
GDR becomes a
separate socialist
state.
1961: Berlin Wall is
built
Reunification of Germany
November 3, 1990
GDR and DDR signed
the Einigungsvertrag
(Treaty of
Reunification)
GDR joins DDR under
Art. 23 of the Basic
Law
Berlin is now the
capital of Germany
HISTORY OF THE FRENCH
LEGAL SYSTEM
Virtually nothing is
known about the
legal system prior to
the Roman conquest
of Gaul in 52 B.C.
Gaul, as a Roman
province, was
subject to Roman
law
212 AD Edict of
Caracalla made
citzens of Gaul
Roman citizens
GERMANIC PERIOD 100 B.C.
to A.D. 500 (repeat slide)
Tribal migrations – Visigoths (under
Alaric d. 410) moved into Italy and
sacked Rome, then into Spain, Franks
moved across Rhine and into France,
Vandals went across France, into Spain,
to North Africa, and back across the
Mediterranean to attack Rome from the
South (409-55)