Rechtsbrüche

2019 ◽  
Keyword(s):  
Welfare State ◽  
19Th Century ◽  
The State ◽  
The Political ◽  
Political Society ◽  
90Th Birthday ◽  
Authoritarian State ◽  
Basic Law ◽  
The Law ◽  
The 19Th Century

‘The legal world finds itself in a state of self-imposed immaturity.’ This was Rudolf Wiethölter’s assessment in 1968, which reflected his discomfort with the law. What help could the political society at that time, which wanted to implement democracy earnestly, expect from a form of law which was influenced by the authoritarian state of the 19th century? It was not possible to make the law relevant to the present and to understand it with other theories using the 19th century ideal of the ‘Juristen als solchen’, the jurist who focuses solely on applying the letter of the law rather than taking extra legal matters into account. The law needed to be clarified, with society needing to know what its rights were and with the law itself needing to understand itself. What about the situation today? Has Germany, as a democratic constitutional and welfare state founded on its Basic Law, come to understand itself in terms of the law? How can the law open up access to politics? What is the state of critical jurisprudence? On the occasion of Rudolf Wiethölter’s 90th birthday, the appraisals of his concepts conducted by the contributions in this book avoid the cosiness and sentimentality adopted by most Festschriften by consistently focusing on his key works and re-evaluating them according to circumstances today, which makes clear that explaining the law requires a reconstruction of its promises and disappointments. Only then can the law understand why breaches of the law by reality can further its own development.

scholarly journals Die Verwaltungsgliederung Preußens zwischen historisch-ständischen, administrativ-staatlichen und liberal-politischen Interessen (1815–1867)

Administory ◽  
2018 ◽  
Vol 2 (1) ◽  
pp. 185-206
Author(s):  
Anna Gianna Manca
Keyword(s):  
19Th Century ◽  
The State ◽  
The Other ◽  
The Political ◽  
Unsuccessful Attempt ◽  
National Assembly ◽  
Political Role ◽  
The 19Th Century ◽  
Territorial Division ◽  
Prospect Of Success

Abstract The paper deals with the question of the administrative districts in an overall Prussian perspective and emphasizes, above all, the central political role played by the provincial districts and their main authorities within the spaces of the state and of administrative activity. On this basis, it will be possible to adequately appreciate the revolutionary but unsuccessful attempt to abolish them in 1848 by the liberaldemocratic wing of the Constitutional Commission of the Prussian National Assembly, as has not yet been accomplished within the existing historiography. First, the origins of the spatial-territorial division of Prussia existing around the middle of the 19th century are discussed. Within this framework special attention has been paid to the introduction of a provincial division, which led to that organization of internal administration into four instances under the minister (provinces, governmental districts, districts, municipalities) which was a peculiarity of the Prussian political and administrative spatial division compared with the other states of the German Confederation. Questions such as those of the basic division of the state’s space are so radical that they are usually raised with some prospect of success only at the foundation of states or during revolutions. Immediately afterwards, they tend to be included in the list of ›depoliticized technicalities‹, although they retain their fundamental importance for ensuring the political and administrative continuity of the state.

scholarly journals A POLÍTICA DE CARIDADE, ASSISTÊNCIA E PROTEÇÃO À INFÂNCIA DESVALIDA EM BELÉM DO PARÁ: DO IMPÉRIO À REPÚBLICA

2016 ◽  
Vol 3 (6) ◽  
pp. 34
Author(s):  
Laura Maria Silva Araújo Alves
Keyword(s):  
19Th Century ◽  
The State ◽  
The Political ◽  
Protection Policy ◽  
Childhood Care ◽  
The Republic ◽  
Political Economic ◽  
The 19Th Century ◽  
The City

<p>O objetivo deste artigo é trazer a lume a política de caridade, assistência e proteção à infância desvalida em Belém do Pará, do período que se estende do Império à República. No século XIX, a infância deveria ser assistida na capital do Pará em decorrência da política idealizada e implementada pela elite paraense. Assim, a infância que precisava ser assistida era designada de “órfã” e “exposta”. A primeira, dizia respeito, também, à criança que tinha perdido um dos pais, e a segunda, chamada, também, “enjeitada” ou “desvalida”, correspondia à criança que alguém não quis cuidar ou receber. Este artigo está divido em três partes. Na primeira, situo a cidade de Belém do Pará, em termos políticos, econômicos e sociais, no cenário do Brasil República, em interface com a infância. Na segunda parte, destaco as políticas assistenciais e filantrópicas no atendimento à infância no Pará e o ideário higienista. E, por fim, na terceira, trago à cena algumas instituições que foram criadas em Belém do Pará, no período do Império à República, para abrigar a criança órfã e desvalida.</p><p> </p><p><strong>ABSTRACT</strong></p><p>The objective of this article is to bring to light the charity, assistance and protection policy for disfavored childhood in Belém-PA, from the period of the Empire to the Brazilian Republic. In the 19th century, children should be assisted in the capital of the state of  Pará as a result of the political idealization implemented by this state’s elite. Therefore, the ones who needed to be assisted were designated as “orphans” or “exposed”. The former ones, not exclusively, were the children who had lost one of their parents; the latter ones, also referred to as “rejected” or “disfavored”, corresponded to the children none would look after or welcome. This article is divided into three parts. In the first, the city of  Belém is situated in political, economic and social terms, interfaced with childhood, in the scenario of the Brazilian Republic. In the second, the assistance and philanthropic policies for childhood care, as well as the hygienist ideas, are highlighted. Finally, institutions created to shelter orphan and disfavored children in Belém, from the period of the Empire to the Republic, are brought to centre stage.</p><p><strong>Keywords: </strong>Grão Pará. Childhood. Disfavored Children. Hygienism. Welfarism. Philantropy.</p>

PROBLEMS OF JURISPRUDENCE IN THE "PHILOSOPHICAL MANIFESTO OF THE HISTORICAL SCHOOL OF LAW" BY K. MARX

2020 ◽  
Vol 4 (4) ◽  
Author(s):  
Vladislav Yurevich Panchenko ◽  
◽  
Ivan Yurevich Makarchuk ◽  
Keyword(s):  
19Th Century ◽  
Significant Influence ◽  
Legal Theory ◽  
The State ◽  
Soviet Period ◽  
The Political ◽  
Historical School ◽  
State And Society ◽  
Revolutionary Situation ◽  
The 19Th Century

During the Soviet period of studying the Marxist heritage, it was noted that the historical school of law is extremely reactionary, since the school did not have any significant influence on the development of political and legal theory of Germany in the first third of the 19th century; the ideas of its representatives did not contribute in any way to the accelerated maturation of the revolutionary situation on the eve of the turbulent 1848, when the issues of a radical reorganization of the state and society were on the agenda. Nevertheless, the views of representatives of the historical school of law occupy a worthy place among the political and legal teachings of the first half of the 19th century.

scholarly journals The political structure of the Empire of Brazil according to the Constitution of 1824

2020 ◽  
Vol 3 ◽  
pp. 77-84
Author(s):  
N. I. Koloskova ◽  
E. А. Аlentsov ◽  
E. А. Nedostup ◽  
O. S. Ostapovich
Keyword(s):  
The State ◽  
The Political ◽  
State Structure ◽  
Political Structure ◽  
Brazilian Society ◽  
Basic Law ◽  
History Of ◽  
The Creation ◽  
The Law

The article is devoted to the Constitution of Brazil of 1824, the first in the history of this country. The political structure of the Brazilian Empire described in the article was based on this Constitution, which was in force from its adoption until the proclamation of the First Brazilian Republic (1889). The article analyzes the tasks that stood at the creation of the Constitution and the main changes made to the state structure of Brazil after the law was initiated. It is emphasized that, although the Imperial Constitution did not solve all the problems in Brazilian society, it was the first to identify the issues to be resolved, and that the monarchy lasted longer in Brazil than successive Republican and dictatorial regimes, including thanks to the basic law of the country in the edition of 1824.

The history of Iberian archaeology: one archaeology for two Spains

Antiquity ◽  
2002 ◽  
Vol 76 (291) ◽  
pp. 184-190 ◽  
Author(s):  
Arturo Ruiz ◽  
Alberto Sánchez ◽  
Juan P. Bellón
Keyword(s):  
19Th Century ◽  
The State ◽  
Point Of View ◽  
The Political ◽  
Current Debate ◽  
Political Problem ◽  
History Of ◽  
Political Model ◽  
The 19Th Century

IntroductionIn this article we set out to analyse, from an archaeological point of view, a political problem which, as demonstrated by current debate, including acts of violence, goes well beyond archaeology. Throughout the 19th century, and especially in its latter half, a centralist political model for Spain was developed in which a political balance could not be found between the State and [lie autonomous traditions of the varions regions of the Iherian Peninsula. As a result of this failure, legitimation programmes began to be constructed towards the end of 19th century, based on the history of the peoples of these regions. This led to a search in protohistorical archaeology [Iberians, Celts, Tartessians, etc.) for a possible solution to the political problems caused by a lack of institutional agreement between states and regions.

Armut und institutionelle Armenfürsorge. Vom Elend der Zuständigkeit

2021 ◽  
pp. 809-834
Author(s):  
Martin Scheutz
Keyword(s):  
Old Age ◽  
19Th Century ◽  
Institutional Care ◽  
The State ◽  
The Political ◽  
Poor Relief ◽  
General Hospitals ◽  
The Poor ◽  
The Right ◽  
The 19Th Century

Poverty and Institutional Poor Relief. The Misery of Responsibility. Poor relief in Lower Austria in the 19th century took place in an area of conflict between municipalities, the political districts and the state, the law on the right of domicile, amended in 1863, placing provision services primarily on the shoulders of the municipalities. The communes had to care for the local poor, the “push system” (Schubsystem) returned them to their home communes – but such care mostly proved inadequate. After the unbundling of institutional care for the poor via the foundation of general hospitals, ever more poorhouses dedicated to old-age care were built, but also hostels (Naturalverpflegestationen), which were principally aimed at jobseekers.

The Making of Modern International Extradition Law

2021 ◽  
pp. 276-286
Author(s):  
Joanna Harrington
Keyword(s):  
19Th Century ◽  
The Political ◽  
Legal Systems ◽  
Counter Terrorism ◽  
The Law ◽  
The 19Th Century ◽  
The Impact ◽  
Peace Treaties ◽  
Multilateral Treaties

Joanna Harrington traces the development of modern extradition law back to the 19th century. Against a background of interactions between different states legal systems, the impact of peace treaties, the impact of the law of asylum, the growing use of multilateral treaties and the importance of counter-terrorism law, she conducts us on a tour of the principal flash-points in extradition, and the measures such as the political offence exception, and exceptions to this exception, taken to defuse them.

The Concept of “Zemsky Sobor” in the Interpretation of State Authority in Russia of the 19th Century: From Karamzin to Stepnyak-Kravchinsky

2018 ◽  
Vol 42 ◽  
pp. 140-155
Author(s):  
Dmitry A. Badalyan
Keyword(s):  
19Th Century ◽  
Political Discourse ◽  
17Th Century ◽  
The Political ◽  
Key Concepts ◽  
State Authority ◽  
The 19Th Century

“Zemsky Sobor” was one of the key concepts in Russian political discourse in the 19th and the beginning of the 20th centuries. It can be traced to the notion well-known already since the 17th century. Still in the course of further evolution it received various mew meaning and connotations in the discourse of different political trends. The author of the article examines various stages of this concept configuring in the works of the Decembrists, especially Slavophiles, and then in the political projects and publications of the socialists, liberals and “aristocratic” opposition.

Theoretical and methodological determinants of the Robert von Mol’s concept of the social state

2020 ◽  
Vol 2020 (1) ◽  
pp. 37-45
Author(s):  
Svetlana Pirozhok
Keyword(s):  
19Th Century ◽  
Rule Of Law ◽  
Social Protection ◽  
The State ◽  
Scientific Article ◽  
Social State ◽  
The Rule Of Law ◽  
Legal Thought ◽  
The Social ◽  
The 19Th Century

The relevance of determining the theoretical and methodological determinants of the Robert von Moll’s concept of the social state is due to the need to determine the patterns of evolution of ideas about the state and law, as well as the need to assess the ability to use the potential of the Robert von Moll’s theoretical and legal heritage, his predecessors and contemporaries to identify the optimal model of the social state. Modern Russia attempts to build such state. The proclamation and consolidation of Russia as a social state governed by the rule of law at the constitutional level requires attention both to the experiments carried out in social and legal development, and to the practices of social reform, and also to those ideas that have not yet been embodied. The ideas of European scholars regarding the evolution of the state-legal organization of society in the early modern period, based on which Robert von Mohl (1799–1875) developed original concepts of a social state and a state governed by the rule of law are discussed in the article. An analysis of the state of European political and legal thought and identification of the factors that have a significant impact on the development of Robert von Mohl’s doctrine of a social state governed by the rule of law are the purposes of the scientific article. The methodological basis of the study was the dialectical-materialistic, general scientific (historical, systemic) and special (historical-legal, comparativelegal) methods of legal research. The method of reconstruction and interpretation of legal ideas had great importance. As a result of the study, it was concluded that in the first half of the 19th century in European political and legal thought various approaches was formed to consider the problems of social protection and how to resolve them. The development trend of European political science became the transition from ideas and principles formed in the conditions of police states and enlightened absolutism to the ideas of a state governed by the rule of law (constitutional) that protects the rights and freedoms of a citizen. At the same time, it was a question of the rights and freedoms of only a part of the population: the proletariat growing in number and significance was not always evaluated as an independent social stratum. The axiological principles of state justification have also changed. Rights and utility principle became dominant principles. In the first half of the 19th century the social issue as an independent scientific problem of the European political and legal thought was not posed and not systematically developed. Questions about the social essence of the state, the specifics of the implementation of the state social function, the features of public administration in the new stage of socio-economic development of society predetermined the emergence of the idea of a social state. This idea was comprehensively characterized in the Robert von Mohl’s works. He went down in the history of political and legal thought as founder of the concepts of social and governed by the rule of law state.

Sign in / Sign up

Export Citation Format

Share Document