Comparative Law Spring 2002 Professor Susanna Fischer

1
Comparative Law Spring 2002Professor Susanna
Fischer

• CLASS 7
• GERMAN LEGAL SYSTEM HISTORICAL BACKGROUND III
• FRENCH LEGAL SYSTEM
• HISTORICAL BACKGROUND I

2
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

3
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)

4
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

5
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
• Bismarcksche Reichsbervassung (Constitution)
• Bundesrat
• Reichstag

6
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

7
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

8
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)

9
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

10
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.

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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

12
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

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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

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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)