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Privilegium exclusivum

(1,006 words)

Author(s): Mohnhaupt, Heinz
1. ConceptAll moves to impose legal regulations on production in manufactories and factories culminated in the traditional legal institute of the privilege, for which, once again, other terms – not necessarily synonymous – were also used throughout Europe (e.g. “permission,” “freedom,” “monopoly,” “concession”; German  Fabrikprivileg, “factory privilege,”  Begnadigung, “grace,” Freiheiten, “liberties”). The privilege allowed the maker to start production of a particular item under the protection of the bestower of the privilege. In legal and e…
Date: 2021-03-15

Privilege

(3,982 words)

Author(s): Mohnhaupt, Heinz
1. IntroductionNo other legal concept is associated with such a large, confusing, and discordant terminology or profusion of different meanings as privilege. This is evident even today in the largely unsystematic and imprecise usage of the term to denote social conditions both historical and contemporary. In the history of legal sources, privilege falls under the category of legislation (Law [statute]). Conceived generally as a sovereign act in favor of an individual person, it represents above a…
Date: 2021-03-15

Privilegium impressorium

(998 words)

Author(s): Mohnhaupt, Heinz
1. Concept and functionThe invention of printing with movable type around 1440 meant that there were no longer any physical limits on the reproduction or circulation of texts. Freedom of publication offered printers scope for illicit reprinting, which threatened authors and the printers and publishers to whom they entrusted their work with loss of earnings and hence economic damages (Publishing house). There was general recognition in the states of Central Europe between the 16th and 20th centuries…
Date: 2021-03-15

Leges fundamentales

(997 words)

Author(s): Mohnhaupt, Heinz
1. Definition and function In every European country, leges fundamentales (Latin, “fundamental laws”) were the forerunners of the modern constitution; but only in some cases did they perform the same functions. Whereas a constitution organizes the powers of the state, guarantees individual rights, and stands above the general legal order, the plural form of  leges fundamentales shows that they were not a planned, uniform constitutional law, but rather a canon of individual texts relevant to constitutional matters. In the 18th century, super-positi…
Date: 2019-10-14

Comparative law

(899 words)

Author(s): Mohnhaupt, Heinz
1. Definition and scopeComparative law is an investigative method used to survey and present different national and international legal systems (on a macroscopic level) or individual legal institutions (on a microscopic level). Numerous attempts to define comparative law over its history as a scholarly subject [8. 106–111] have produced different views about its goals and methods. That also applies to the question of whether comparative law should be considered an independent discipline [8. 19; 111], [10. 87], [9. 58] or rather a juristic methodology (Jurisprudence) [9. 1…
Date: 2019-10-14

Concession

(871 words)

Author(s): Mohnhaupt, Heinz
1. Definition and functionA concession (Latin  concessio) is a form of individual rights granted by a monarchic ruler or, beginning in the 19th century, by the state, which thereby entitle the recipient to perform a particular action or service [11. 14] related to the public administration (cf. Government). Concessions may consist of sovereign  regalities (Latin  iura regalia) conferred on private individuals or may be related to specific trades [8. 162]. Concessions have a close doctrinal and functional relationship to the legal institution of privileges (cf…
Date: 2019-10-14

Forum privilegiatum

(1,012 words)

Author(s): Mohnhaupt, Heinz
1. Definition and function Forum privilegiatum, Latin for “privileged court of law,” indicates the competence of the court of law before which one must bring a case. Under the modern state of law (Rechtsstaat), In contrast to the early modern period, this competence is determined by law (statute) (for Germany: Zivilprozessordnung, § 12). This determination is made (1) in the interest of public order and (2) to protect the right of the accused to trial before a lawful, that is (today), an independent judge (for Germany: Grundgesetz, art. 19 I 2), so that he is not made subj…
Date: 2019-10-14

Reichsgrundgesetze

(898 words)

Author(s): Mohnhaupt, Heinz
1. ConceptThe  Reichsgrundgesetze (Basic Laws of the Empire) were norms that, until the dissolution of the Holy Roman Empire in 1806, represented partial legal orders amounting in sum to what would today be called the Empire’s constitution (Imperial constitution). The term was first used in imperial law in Art. 14 of the 1636  Wahlkapitulation (electoral capitulation) of Ferdinand III. The Reichsgrundgesetze were not compiled in a coherent constitutional document, but comprised a body of norms that steadily increased in scope and significance from…
Date: 2021-03-15