Comparative Law Spring 2002Professor Susanna FischerCLASS 7GERMAN LEGAL SYSTEM: HISTORICAL BACKGROUND IIIFRENCH 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 updatedLinks 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 lawCodes are heavily influenced by Roman law (Corpus Juris Civilis as interpreted by glossators)

End of the Holy Roman EmpireIn 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 unificationIn 1815, a federation is formed (Deutscher Bund) Bundesrat - highest parliamentary body1848 – failed attempt at a Constitution

Liberal Constitutional State: 1806-1900

Otto von Bismarck – Prussian Junker and Minister-President of PrussiaConservative monarchist1871 Unification of Germany under Emperor Wilhem I Bismarck’sche Reichsbervassung (Constitution) BundesratReichstag

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 glossatorsIn 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, 1900All 3 remain in force, as amended

Weimar Republic 1919-1933In1918, toward the end of World War I, Kaiser abdicates and dynastic leaders of Länder also step down. Treaty of Versailles of 1919Weimar Constitution is the first to have basic civil rightsPeriod of serious economic and political disorder (unemployment, inflation, strikes, unrest)

NAZI ERA 1933-1945

Dictatorship under Adolf HitlerEvil government attempts to annihilate opposition, Jews, GypsiesFailed attempt at German imperialismGerman legal system altered radically to further Nazi aimsAt 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 rightsGDR 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 LawBerlin 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 law212 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)