Summary Since the 13th century, the interrogation of witnesses has been firmly anchored in medieval finding of justice. Theory and practice are in a reciprocal relationship with society, which recurs to testimonies in order to find justice. The level of reflection in the law books is high. Particular attention is paid to the question of who must be excluded from the witness stand, whereas the question of who is suitable is of secondary interest. On the one hand, the law books identify groups of people who are to be excluded, on the other hand, they discuss time-specific forms of social solidarities and hostilities from which bias results. In legal practice, the relationship between law and society presents itself as a tense one. As in Marseille (14th century), the balance can be favoured by the procedure (catalogue of questions) in favour of society, and social solidarities can homogenise the witness depositions. But the same procedure can also individualise them in the sense of the law, as in Aragón in the 15th and 16th century. In the late medieval Rhine metropolis of Basel, on which this contribution focusses, the balance also turns out in favour of the law, though the individual testimony does not follow a fixed grid of questions.
{"title":"IV. Erzählen vor Gericht: Die Basler Zeugenverhörprotokolle der Jahre 1475–1480","authors":"Gabriela Signori","doi":"10.1515/zrgg-2023-0004","DOIUrl":"https://doi.org/10.1515/zrgg-2023-0004","url":null,"abstract":"Summary Since the 13th century, the interrogation of witnesses has been firmly anchored in medieval finding of justice. Theory and practice are in a reciprocal relationship with society, which recurs to testimonies in order to find justice. The level of reflection in the law books is high. Particular attention is paid to the question of who must be excluded from the witness stand, whereas the question of who is suitable is of secondary interest. On the one hand, the law books identify groups of people who are to be excluded, on the other hand, they discuss time-specific forms of social solidarities and hostilities from which bias results. In legal practice, the relationship between law and society presents itself as a tense one. As in Marseille (14th century), the balance can be favoured by the procedure (catalogue of questions) in favour of society, and social solidarities can homogenise the witness depositions. But the same procedure can also individualise them in the sense of the law, as in Aragón in the 15th and 16th century. In the late medieval Rhine metropolis of Basel, on which this contribution focusses, the balance also turns out in favour of the law, though the individual testimony does not follow a fixed grid of questions.","PeriodicalId":39347,"journal":{"name":"Zeitschrift der Savigny-Stiftung fur Rechtsgeschichte, Germanistische Abteilung","volume":"61 1","pages":"170 - 207"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84481559","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Summary The resurgence of the Holy Roman Emperorship in the decades after the Peace of Westphalia (1648) has received considerable attention in recent historiography. In this respect the particular importance of the Imperial Court of Justice (Imperial Aulic Council, Reichshofrat) has been stressed: It is assumed that it played a key role within the Imperial government, that it had helped to secure the imperial loyalty to the postwestphalian constitutional order and that it contributed to the skillful use of the Imperial prerogatives by the Vienna Government. Against this backdrop, the position of the Aulic Council regarding the creation of the Ninth (Hannoverian) electorship by Emperor Leopold in 1692, which hitherto has not been examined in detail, reveals a different historical picture. On the one hand, the Imperial Aulic Council was not included in the decision processes concerning the electorship, it was not even officially informed and rebuked for accepting a remonstration against the electorship. On the other hand, the Aulic Council in return criticised the creation of the Ninth electorship quite frankly in its self justification in April 1693 with regard to the procedures and its possible dangerous political consequences.
{"title":"Ein Bruch mit der Tradition und eine Gefahr für den Reichsfrieden? Die Errichtung der Neunten Kur im Urteil des Reichshofratsconclusums vom April 1693","authors":"C. Kampmann","doi":"10.1515/zrgg-2023-0012","DOIUrl":"https://doi.org/10.1515/zrgg-2023-0012","url":null,"abstract":"Summary The resurgence of the Holy Roman Emperorship in the decades after the Peace of Westphalia (1648) has received considerable attention in recent historiography. In this respect the particular importance of the Imperial Court of Justice (Imperial Aulic Council, Reichshofrat) has been stressed: It is assumed that it played a key role within the Imperial government, that it had helped to secure the imperial loyalty to the postwestphalian constitutional order and that it contributed to the skillful use of the Imperial prerogatives by the Vienna Government. Against this backdrop, the position of the Aulic Council regarding the creation of the Ninth (Hannoverian) electorship by Emperor Leopold in 1692, which hitherto has not been examined in detail, reveals a different historical picture. On the one hand, the Imperial Aulic Council was not included in the decision processes concerning the electorship, it was not even officially informed and rebuked for accepting a remonstration against the electorship. On the other hand, the Aulic Council in return criticised the creation of the Ninth electorship quite frankly in its self justification in April 1693 with regard to the procedures and its possible dangerous political consequences.","PeriodicalId":39347,"journal":{"name":"Zeitschrift der Savigny-Stiftung fur Rechtsgeschichte, Germanistische Abteilung","volume":"21 1","pages":"422 - 435"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78586503","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Summary Securitas. Debating Inviolability and Immunity in the Legal and Political Theory of Diplomacy, Thirteenth to Eighteenth Century. The essay examines the legal aspects of the transformation of the rules governing the protection of diplomatic agents from the ancient law of hospitality into treaties guaranteeing extraterritoriality. The transformation involved the shift of the derivation of these rules from natural to positive law around 1800. In material respects, it entailed the recasting of diplomatic agents catagorised as a specifically vulnerable group of professionals into a group of specially privileged representatives of sovereign states and their perceived interests.
{"title":"V. Securitas. Die Debatte um Unverletzlichkeit und Immunität in der politischen und Rechtstheorie der Diplomatie vom 13. bis zum 18. Jahrhundert","authors":"H. Kleinschmidt","doi":"10.1515/zrgg-2023-0005","DOIUrl":"https://doi.org/10.1515/zrgg-2023-0005","url":null,"abstract":"Summary Securitas. Debating Inviolability and Immunity in the Legal and Political Theory of Diplomacy, Thirteenth to Eighteenth Century. The essay examines the legal aspects of the transformation of the rules governing the protection of diplomatic agents from the ancient law of hospitality into treaties guaranteeing extraterritoriality. The transformation involved the shift of the derivation of these rules from natural to positive law around 1800. In material respects, it entailed the recasting of diplomatic agents catagorised as a specifically vulnerable group of professionals into a group of specially privileged representatives of sovereign states and their perceived interests.","PeriodicalId":39347,"journal":{"name":"Zeitschrift der Savigny-Stiftung fur Rechtsgeschichte, Germanistische Abteilung","volume":"7 1","pages":"208 - 277"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83435775","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Buggeln, Marc, Das Versprechen der Gleichheit","authors":"E. N. Reifegerste","doi":"10.1515/zrgg-2023-0026","DOIUrl":"https://doi.org/10.1515/zrgg-2023-0026","url":null,"abstract":"","PeriodicalId":39347,"journal":{"name":"Zeitschrift der Savigny-Stiftung fur Rechtsgeschichte, Germanistische Abteilung","volume":"63 1","pages":"547 - 550"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91078641","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Philipp von Schweinitz, Justizbauten als sthetischer Ausdruck des Rechts","authors":"M. Schmoeckel","doi":"10.1515/zrgg-2023-0056","DOIUrl":"https://doi.org/10.1515/zrgg-2023-0056","url":null,"abstract":"","PeriodicalId":39347,"journal":{"name":"Zeitschrift der Savigny-Stiftung fur Rechtsgeschichte, Germanistische Abteilung","volume":"79 1","pages":"637 - 638"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91316929","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Martin, Pascal, Friedrich Ludwig Keller, théoricien et praticien du procès civil","authors":"Thomas Weibel","doi":"10.1515/zrgg-2023-0047","DOIUrl":"https://doi.org/10.1515/zrgg-2023-0047","url":null,"abstract":"","PeriodicalId":39347,"journal":{"name":"Zeitschrift der Savigny-Stiftung fur Rechtsgeschichte, Germanistische Abteilung","volume":"10 1","pages":"615 - 617"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89722231","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Summary From the 12th century onwards, arbitration tribunals came into use and until the 15th century they were established as alternative legal practice. While the Roman Law became institutionalized as an instrument of political power, the arbitration tribunals retained their value as elements of noble communication in case of crisis within European realms. In international politics and law, arbitration tribunals were often brought into play, but failed to be successful as instrument of international conflict management.
{"title":"III. Mediatio und superioritas","authors":"Martin Kintzinger","doi":"10.1515/zrgg-2023-0003","DOIUrl":"https://doi.org/10.1515/zrgg-2023-0003","url":null,"abstract":"Summary From the 12th century onwards, arbitration tribunals came into use and until the 15th century they were established as alternative legal practice. While the Roman Law became institutionalized as an instrument of political power, the arbitration tribunals retained their value as elements of noble communication in case of crisis within European realms. In international politics and law, arbitration tribunals were often brought into play, but failed to be successful as instrument of international conflict management.","PeriodicalId":39347,"journal":{"name":"Zeitschrift der Savigny-Stiftung fur Rechtsgeschichte, Germanistische Abteilung","volume":"9 1","pages":"127 - 169"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90331554","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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