Rechtsfälle in der juristischen Ausbildung der Pandektenwissenschaft

Case studies as part of pandectistic legal education in 19th century Germany. The traditional image of the pandectistics rested on the assumption that legal education in this area, which inspired students from all over the world, relied exclusively on the logicsystematic pandect textbooks. These days we know that case studies, too, played an important role in addition to the primarily systematic pandect lectures. The pandectists studied the interpretation of legal problems, which were mainly inspired by court practise. This paper is unprecedented in using actual lecture notes to evaluate those solutions developed during the lectures which were not included in the printed case collections. It becomes clear that the technique used for solving legal problems differs as much from the relation method, which was applied by the courts in that period, as it differs from the so-called claim method, which is common in German legal education today.

Sondergerichte in den besetzten polnischen Gebieten im Jahr 1939. Eine rechtsgeschichtliche Analyse

Special Courts in the Occupied Polish Territories in 1939. A Legal History Analysis. The study is devoted to the first period of activity of German special courts established in Poland in 1939. The basic scope presents the special courts of the Third Reich established on the basis of the regulation of 1933. They were a model for courts established in occupied Poland. Their creation is analyzed on the example of the Special Court in Katowitz (Sondergericht Kattowitz). Then, the activities of special courts in occupied Poland in 1939 are discussed with particular emphasis on case and penalty statistics. Attention is paid to some characteristic phenomena, such as problems with jurisdiction, differences resulting from the establishment of special courts as part of the military administration, and judgment of acts committed before the war and under Polish jurisdiction. The identified cases of violations of law in the activities of special courts in 1939 are also discussed.

III. Die Frankfurter Reformation König Friedrichs III. vom 14. August 1442: Ein bedeutsames Gesetz der Reichsreformzeit

The Reformation of king Frederic III.: An important law in the period of the Reichsreform. The reformatio Friderici was widely regarded as meagre in content (1) since it did not cover important reform issues of the time and in many parts only repeats older texts. Heinrich Koller proved this to be a misjudgement. His assessment must be strengthened or also corrected by legal historical arguments. Thus, the enormous density of tradition (2) cannot be explained by Friedrich’s intention to publish the law in general, but mirrors the necessity to be able to present the text in legal proceedings. The term reformatio (3) does not mean a reform law, but characterises a new form of legislation which wants to achieve reforms by taking recourse to older texts. The importance of the reformation for practice (4) proves not least in the fact that the king continuously refers to his text in trials for breach of the peace and in his dealing with the vehm, in which the position of the highest judge is ascribed to him.