Dyskusja na temat odpowiedzialności odszkodowawczej państwa za szkody wyrządzone przez bezprawne działania urzędników na Kongresie Prawników Niemieckich w Kilonii w 1906 roku

2017 ◽  
Vol 15 (2) ◽  
pp. 131-146
Author(s):  
Andrzej Adamczyk
Keyword(s):  
19Th Century ◽  
Legal Regulations ◽  
Legal Problems ◽  
Legal Questions ◽  
German States ◽  
Illegal Acts ◽  
State Liability ◽  
German Reich ◽  
The 19Th Century ◽  
German Association

One of the most important legal problems discussed in the 19th century by German lawyers was that of state liability due to damages resulting from illegal acts of its officials. An influential forum of exchange of ideas was the German Association of German Jurists which organized all-German congresses to solve legal questions in order to promote German unity. Although the problem of state responsibility was discussed at some of the Association congresses in the 19th century, the most interesting was that held in Kiel in 1905. It was due to the fact that many German states had at that time legal regulations concerning state liability, but they were quite different. That generated many complications, making realization of a legal unity within the German Reich difficult. Two proposals for solving this situation were presented at the Congress in Kiel by Otto von Gierke and Rudolf von Herrnritt. Their ideas constituted bases for the discussion which followed. The paper presents the discussion on the state liability, which took place at the Congress in Kiel.

Review Essay – The Criminal Judge as Modern Inquisitor

2009 ◽  
Vol 10 (9) ◽  
pp. 1274-1276
Author(s):  
Michael Pawlik
Keyword(s):  
19Th Century ◽  
Control Mechanisms ◽  
German Empire ◽  
System A ◽  
German States ◽  
Common Opinion ◽  
Long Time ◽  
Strong Position ◽  
The 19Th Century ◽  
Inquisitorial System

The term “inquisition” has had bad press for a long time. Comparably bad is the reputation of the inquisitorial system, a judicial model that dominated German criminal law enforcement until the beginning of the 19th century. A distinctive feature of inquisitorial proceedings is the eminently strong position of the inquisitor who unifies the functions of an investigator, a prosecutor, and a judge in one and the same person. Although the codes of criminal procedure in the German states – which in 1871 formed the Kaiserreich (German Empire of 1871-1918)– included detailed rules of evidence to prevent arbitrary investigations, at the beginning of the 19th century it was a common opinion that these control mechanisms were practically insufficient and that the inquisitorial system ought to be replaced by a judicial model, which would guarantee more effective protection of the defendant against unjustified conviction.

scholarly journals Ottoman Institutions and Legal Regulations in 19th Century Bulgarian Economy; A Review Based on Institutional Economics

2021 ◽  
Vol 27 (3) ◽  
pp. 443-458
Keyword(s):  
Ottoman Empire ◽  
19Th Century ◽  
Financial Institutions ◽  
Institutional Economics ◽  
Economic Structure ◽  
Economic Thought ◽  
Legal Regulations ◽  
Economic Activities ◽  
The World ◽  
The 19Th Century

In the 19th century, developments took place in many areas around the world. The industrialization process has accelerated in the world, production scales have increased, and the economic integration process has started. With the globalization of trade, the boundaries became less visible, and entrepreneurs could trade freely in different parts of the world. In this article, the extent to which the economic activities on the Bulgarian territory could be integrated into the world trade in the 19th century, the political and financial institutions of the Ottoman Empire, and the legal arrangements that affected the welfare of the Bulgarian people will be discussed. In making this discussion, the basis of institutional economic thought will be examined, and the effects of the institutions of the Ottoman Empire on the economic structure of Bulgaria will be reviewed. Did the Ottoman Empire, expressed in the terms of institutional economics, constitute inclusive institutions or exploitative institutions in economic activities on the territory of Bulgaria? This discussion will be more explanatory under four main headings. These are; traditional institutions, tax regulations, financial institutions, and legal regulations. Thus, the effects of the Ottoman Empire on the economic structure in the territory of Bulgaria will become more pronounced.

The German Question in the Foreign Policy of the Austrian Empire in 1850—1866

Istoriya ◽  
2021 ◽  
Vol 12 (6 (104)) ◽  
pp. 0
Author(s):  
Elena Kotova
Keyword(s):  
Foreign Policy ◽  
Roman Empire ◽  
19Th Century ◽  
Political Instability ◽  
Holy Roman Empire ◽  
Personal Factor ◽  
German States ◽  
German Question ◽  
The 19Th Century ◽  
The Relationship

For centuries, the House of Austria (the Habsburgs) maintained its leadership in the Holy Roman Empire, and later in the German Union. But in the middle of the 19th century the situation changed, Austria lost its position in Germany, lost to Prussia in the struggle for hegemony. The article examines what factors influenced such an outcome of the German question, what policy Austria pursued in the 50—60s of the 19th century, what tasks it set for itself. The paper traces the relationship between the domestic and foreign policy of Austria. Economic weakness and political instability prevented the monarchy from pursuing a successful foreign policy. The multinational empire could not resist the challenge of nationalism and prevent the unification of Italy and Germany. Difficult relations with France and Russia, inconsistent policy towards the Middle German states largely determined this outcome. The personal factor was also important. None of the Austrian statesmen could resist such an outstanding politician as Bismarck.

scholarly journals Knivsberg. Den tysksindede befolknings Fest- og Turnplads i Sønderjylland ca. 1920-1945

1999 ◽  
Vol 15 ◽  
Author(s):  
Jørn Hansen
Keyword(s):  
19Th Century ◽  
Active Role ◽  
Border Region ◽  
German Empire ◽  
Natural Development ◽  
Nation States ◽  
German States ◽  
German Ideology ◽  
Relationship Of ◽  
The 19Th Century

En skildring af turnbevægelsen, den tyske gymnastikbevægelse, i grænseområdet mellem Danmark og Tyskland i årene 1920-1945.Knivsberg. The “Turn-” and Sports Park for the Pro-German Community in southern Jutland.Not far from Aabenraa lies Knivsberg. This hilltop locality area is situated in Slesvig or southern Jutland, an area whose history is bound up with the unsettled relationship of the twin duchies of Slesvig and Holsten to the Danish and German states respectively. This complicated history is the reason for the presence of Danish and German minorities in this border region ever since the formation of nation states in the 19th century. Briefly stated, until 1864 Slesvig-Holsten was united under the Danish monarchy. In 1848 a liberation movement arose in the wake of The March Uprising against the Danish absolutist monarchy, and caused the Danish state to cede Slesvig-Holsten to Prussia in 1864. After a referendum in 1920, the present border between Denmark and Germany was established and from then on Knivsberg became a locality in Denmark. In the period after 1864, the “Turn”-Movement played an active role in establishing German ideology in Slesvig where Danish culture was strongest. The article examines the Pro-German community in northern Slesvig with special references to the Turn-Movement and to the Knivsbjerg Monument. It shows how the emergence of Nazism in Germany was regarded by the minority as a gratifying and natural development of the former victorious German empire, which, of course, included northern Slesvig

scholarly journals THE PRECONDITIONS OF DRAFTING A LEGAL REGULATION

2020 ◽  
Vol 6 (2) ◽  
pp. 59-69
Author(s):  
Višnja Tomić Dalić ◽  
◽  
Jasmina Mlađenović ◽  
Elena Dalić ◽  
◽  
...  
Keyword(s):  
Special Reference ◽  
19Th Century ◽  
Legal Regulation ◽  
Legal Regulations ◽  
Legal Certainty ◽  
National System ◽  
Interesting Topic ◽  
Rules Of Procedure ◽  
Scientific Terms ◽  
The 19Th Century

This paper systematically deals with the matter of nomotechnical rules of drafting legal regulations with special reference to essential preconditions of drafting legal regulations. The national sources of law are studied relating to the procedure of drafting legal regulations, which arise from the Rules of Procedure of the Croatian Parliament and what possibilities the prescribed and unique methodological-nomotechnical rules have. The emphasis is on determining the essential preconditions for the enaction and drafting of legal regulations, and on the advantages that contribute to a better drafting of legal regulations in the national system. This is a very interesting topic since the so-called nomotechnical rules did not appear in scientific terms until the 19th century and are still evolving. The nomotechnical rules institute plays a very important role as a foundation of legal certainty.

scholarly journals Paternalizm w prawie i etyce zawodowej

2018 ◽  
Vol 2 (2) ◽  
pp. 181-195
Author(s):  
Paweł Łabieniec
Keyword(s):  
19Th Century ◽  
Legal Regulations ◽  
Legal Ethics ◽  
The Usa ◽  
The Subject ◽  
Legal Professions ◽  
The 19Th Century ◽  
Paternalistic Attitude

The concept of the paternalism is known since the end of the 19th century. The paternalistic attitude has been criticized not only by liberals. According to this criticism the essence of evil of paternalism lies in the negation of the autonomy of persons who are the subject of paternalistic activities. However some forms of paternalism are considered as acceptable not only in legal regulations but also on the ground of the legal ethics. The text shows in what a way ethics of legal professions in the USA and Poland protects the autonomy of clients and under what conditions lets lawyers to act paternalistically.

scholarly journals Kilka marginalnych uwag w sprawie statusu prawnego Sobiesławiców przed 1227 r.

2019 ◽  
pp. 245-261
Author(s):  
Marek Smoliński
Keyword(s):  
19Th Century ◽  
Civil Servant ◽  
Social Position ◽  
The State ◽  
Feudal Society ◽  
German Reich ◽  
The 19Th Century

Research into the feudal status of the rulers of Pomerelia from the Samboride dynasty and the terminology describing it has been engaging scholars already since the 19th century. In 1227 Leszek the White was assassinated and the duke of Gdańsk‑Pomerelia Świętopełk declared himself independent from the state of the Piasts. There is no agreement among researchers on whether before 1227 Świętopełk’s dynasty should be considered governors coming from the Polish knights and promoted by the Piasts during the time of Bolasław III Wrymouth’s conquest of Pomerania, or whether they should be perceived as local Pomeranian dukes coerced into submission. In the hitherto debate for both sides an important role has been played by the term princeps (equivalent of the German Fürst). In this paper the author attempts to reveal the interpretation error consisting in the assumption that this term was used in Poland and Pomerania interchangeably with the term dux, duke. Meanwhile, it seems that, like in the states of the German Reich, the term princeps meant a civil servant who was granted his office along with the state land he was to manage by a higher ruler. Taking such an office was not always related to noble birth and social position, which in the feudal society was guaranteed by the hereditary ducal title. Among the German princeps there were both archbishops and bishops as well as laymen: dukes, margraves, landgraves, and even counts. Other evidence, also discussed in the paper, points to the origin of the Samborides from the ducal dynasty. This includes the use of the ducal title by Mestwin I. Forgeries of documents from before 1227 also suggest that the title was used by Mestwin’s sons: Sambor II and Racibor.

scholarly journals THE PHYSICIANS OF GERMAN ORIGIN IN MINING WORKS OF THE URALS IN THE 1ST HALF OF THE 19th CENTURY

2021 ◽  
Vol 31 (1) ◽  
pp. 131-137
Author(s):  
E.A. Chernoukhov
Keyword(s):  
19Th Century ◽  
The Urals ◽  
Active Involvement ◽  
German States ◽  
Social Modernization ◽  
German Origin ◽  
Mining Works ◽  
The Baltic ◽  
Russian Germans ◽  
The 19Th Century

The article analyzes the contribution of physicians of German origin in the development of the medical sphere in state and private mining districts in the Urals in the first half of the 19th century. Their active involvement to the service in this distant region in the period under consideration is due to the escalating shortage of qualified specialists in the conditions of the new medical system’s emergence for persons who served directly to the state. The author identified 37 such doctors: the Russian Germans, mainly from the Baltic provinces, and the subjects of the Austro-Hungarian monarchy, and natives of several German states. This was the fifth part of all doctors who served in the mining plants of the Urals in the first half of the 19th century, which is basically more than the representation of other foreigners. This ratio shows the leading positions of the German medical school at that time. The author systematized the materials on the number, level of education, and motives for admission to the service of doctors of German origin, its place and conditions. M. G. Wolf and K. A. Time made the most successful administrative careers, became medical inspectors of the Ural Mining Board. For three decades, they methodically carried out departmental control of the medical sphere of the region’s private mining plants, sought to fulfill the requirements of legislation. The diverse, including administrative, activity of physicians of German origin made a significant contribution to the process of medicalization in the Urals, which is part of a more global process of social modernization.

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