Norm, Logic, System, Doctrine & Technique in Legal Processes, With
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Summary of Academical Accomplishments 1. Christoph-Eric
Summary of academical accomplishments 1. Christoph-Eric Mecke 2. Diploma of general studies of French law (“Diplôme d'Études Juridiques Générales Françaises”) at the Faculty of Law and Economics of the University of Tours (France) obtained in 1986 after completing studies in France during one year. Diploma after legal studies at the Faculty of Law at the Georg August University in Göttingen obtained in 1991 (first state law examination). Diploma after a two-year law application in courts, public administration, public prosecutor's office and private law offices, conferral of the title of an assessor of law (entitles in Germany to practice as judge, prosecutor and attorney) granted by the High Court of Lower Saxony in Celle in 2007 (second state law examination). Degree of a Doctor of Legal Science awarded by the Council of the Faculty of Law at the Georg August University in Göttingen on July 17, 2007 on the basis of a comprehensive law examination (“Rigorosum”) and the presented monographic dissertation entitled Begriff und System des Rechts bei Georg Friedrich Puchta [= Concept and legal system in the legal thought of Georg Friedrich Puchta] marked with the highest possible final grade “summa cum laude”. 3. Information on employment in academic positions: 1991-1993 - junior researcher at the Department of Legal Theory at the Faculty of Law at the Georg August University in Göttingen; from February 1, 2008 to March 31, 2016 – researcher at the Department of Civil Law and History of Law and lecturer at the Faculty of Law at the Leibniz University in Hanover, there I’m still an academic teacher in the field of legal history from April 15, 2016 to December 31, 2017 – researcher at the Department of Roman Law and Pandetics at the Faculty of Law of the Georg August University in Göttingen; from January 1, 2018 until today – researcher and lecturer at the Brunswick European Law School at the Ostfalia University of Applied Sciences in Brunswick (Braunschweig). -
KI LAW of INDIGENOUS PEOPLES KI Law Of
KI LAW OF INDIGENOUS PEOPLES KI Law of indigenous peoples Class here works on the law of indigenous peoples in general For law of indigenous peoples in the Arctic and sub-Arctic, see KIA20.2-KIA8900.2 For law of ancient peoples or societies, see KL701-KL2215 For law of indigenous peoples of India (Indic peoples), see KNS350-KNS439 For law of indigenous peoples of Africa, see KQ2010-KQ9000 For law of Aboriginal Australians, see KU350-KU399 For law of indigenous peoples of New Zealand, see KUQ350- KUQ369 For law of indigenous peoples in the Americas, see KIA-KIX Bibliography 1 General bibliography 2.A-Z Guides to law collections. Indigenous law gateways (Portals). Web directories. By name, A-Z 2.I53 Indigenous Law Portal. Law Library of Congress 2.N38 NativeWeb: Indigenous Peoples' Law and Legal Issues 3 Encyclopedias. Law dictionaries For encyclopedias and law dictionaries relating to a particular indigenous group, see the group Official gazettes and other media for official information For departmental/administrative gazettes, see the issuing department or administrative unit of the appropriate jurisdiction 6.A-Z Inter-governmental congresses and conferences. By name, A- Z Including intergovernmental congresses and conferences between indigenous governments or those between indigenous governments and federal, provincial, or state governments 8 International intergovernmental organizations (IGOs) 10-12 Non-governmental organizations (NGOs) Inter-regional indigenous organizations Class here organizations identifying, defining, and representing the legal rights and interests of indigenous peoples 15 General. Collective Individual. By name 18 International Indian Treaty Council 20.A-Z Inter-regional councils. By name, A-Z Indigenous laws and treaties 24 Collections. -
Universidade Federal Do Rio Grande Do Sul (Ppgdir – UFRGS), Cujo Tema Foi “Puchta E a Ciência Das Pandectas”
A CIÊNCIA DO DIREITO NA CONCEPÇÃO DE GEORG FRIEDRICH PUCHTA1 Albenir Itaboraí Querubini Gonçalves2 RESUMO: O presente trabalho analisa a compreensão do jurista alemão Georg Friederich Puchta sobre a Ciência do Direito e seus principais temas. PALAVRAS-CHAVE: Ciência do Direito. Escola Histórica do Direito. Metodologia do Direito. Fontes do Direito. Jurisprudence in Georg Friederich Puchta’s thought ABSTRACT: The present essay examines the German jurist Georg Friederich Puchta's understanding of Jurisprudence and its main themes. KEY WORDS: Jurisprudence. German Historical School of Law. Methodology of Law. Sources of Law. SUMÁRIO: 1 Introdução. 2 Breves apontamentos sobre a vida e a obra de Puchta. 3 Ideias iniciais: Ciência do Direito, diferenças e relações entre a Filosofia do Direito e a Jurisprudência, sistema e História do Direito, objeto da Ciência do Direito. 4 Sobre o desenvolvimento da ideia do Direito na história. 5 Sobre a origem e fontes do Direito, o Direito Consuetudinário, o Direito Legislativo, o Direito Científico, os modos de reconhecer o Direito e a sua mutação. 6 Considerações finais. 7 Referências bibliográficas. “A vida no tempo é um perene movimento, uma ininterrupta sucessão”. (Puchta) 1 INTRODUÇÃO O presente trabalho tem por finalidade realizar uma análise sobre a ideia e compreensão da Ciência do Direito (ou Jurisprudência) segundo a concepção desenvolvida pelo jurista alemão Georg Friedrich Puchta, que foi integrante da chamada Escola Histórica do Direito3, além de ser considerado o principal discípulo de Friedrich Carl von Savigny (1772-1840). 1 O presente texto foi elaborado com base em apresentação realizada no Seminário apresentado no dia 19 de outubro de 2009, na Disciplina “Temas de História do Direito: II – Codificação e Ciência Jurídica no Séc. -
Restorative Justice Policy in Context: a Legal‑Archaeological Analysis
Int J Semiot Law https://doi.org/10.1007/s11196-020-09747-0 Restorative Justice Policy in Context: A Legal‑Archaeological Analysis Giuseppe Maglione1 © The Author(s) 2020 Abstract This paper provides an original, in-depth analysis of English and Welsh criminal and penal policy on restorative justice. By using a historically-discursive approach— legal archaeology—this study frstly outlines the overarching representations of restorative justice within policy, unpacking their internal organisation. Then, it inter- prets such patterns of knowledge in light of specifc cultural, political and profes- sional transformations involving the Anglo-Welsh criminal justice feld over the last 30 years. Along these lines, it generates a historically documented policy map whilst problematising the taken-for-granted images of restorative justice which populate regulations, codes and laws. This has implications for the study of the relationships between restorative justice policy and practice and for future research on the insti- tutionalisation of this ‘new’ frontier of penality. More generally, the exploration of (unexpected) links between policy, politics and culture, provides material for a criti- cal assessment of how state agencies appropriate community-based and practice-led forms of justice. Keywords Restorative justice · Reparation · Legal archaeology · Discourses · England and Wales 1 Introduction Criminologists and legal scholars have hailed restorative justice (RJ) as one of the most ‘signifcant developments in criminal justice and criminological practice and thinking’ [21: 19] over the last 30 years, globally. Although defnitions of RJ are contested [68], there is a recurrent assumption delimiting this concept: people directly involved in a crime should have a say on how to deal with its consequences [10, 132, 139]. -
The Rise and Rise of the Administrative State
Boston University School of Law Scholarly Commons at Boston University School of Law Faculty Scholarship 1994 The Rise and Rise of the Administrative State Gary Lawson Follow this and additional works at: https://scholarship.law.bu.edu/faculty_scholarship Part of the Administrative Law Commons, Constitutional Law Commons, and the Supreme Court of the United States Commons THE RISE AND RISE OF THE ADMINISTRATIVE STATE Gary Lawson* The post-New Deal administrative state is unconstitutional,' and its validation by the legal system amounts to nothing less than a bloodless constitutional revolution. 2 The original New Dealers were aware, at least to some degree, that their vision of the national gov- ernment's proper role and structure could not be squared with the written Constitution: 3 The Administrative Process, James Landis's classic exposition of the New Deal model of administration, fairly drips with contempt for the idea of a limited national government subject to a formal, tripartite separation of powers. 4 Faced with a choice between the administrative state and the Constitution, the architects of our modern government chose the administrative state, and their choice has stuck. There is a perception among some observers, however, that this post-New Deal consensus has recently come under serious legal attack, * Associate Professor, Northwestern University School of Law. B.A. ig8o, Claremont Men's College; J.D. 1983, Yale Law School. I am grateful to Robert W. Bennett, Steven G. Calabresi, Cynthia R. Farina, Patricia B. Granger, Daniel Polsby, Martin H. Redish, Jennifer Roback, Marshall Shapo, and the participants at colloquia at Cornell Law School and Northwestern University School of Law for their insightful comments and suggestions. -
Why Legal History Matters
293 WHY LEGAL HISTORY MATTERS Jim Phillips* This is the text of Professor Phillips' Salmond Lecture delivered at the Victoria University of Wellington Law Faculty on 24 June 2010. In it Professor Phillips makes the case for why legal history matters both for lawyers and historians and argues for a continued contextual approach to the study of legal history. I INTRODUCTION Chief Justice, distinguished guests, ladies and gentlemen. I am greatly honoured by the invitation to deliver the Salmond Lecture. I have long known of John Salmond as the author of one of the leading early twentieth century textbooks on torts, and as someone who also wrote about legal history. What I had not known before I worked on this lecture was what a remarkable and varied career he had, as legislator, diplomat and judge as well as legal scholar.1 It is indeed humbling to be giving a lecture named after such a towering figure. John Salmond's work on torts also made him a significant figure in the legal history of his period, something I will return to later. I like to think he would have approved of someone being asked to reflect generally about legal history and its importance. Whether he would have approved of the content of my remarks is another question. When I told a friend of mine about my visit here, to talk about why legal history matters as a prelude to a legal history conference, she suggested that New Zealand is a long way to go to preach to * Professor, Faculty of Law, Department of History, and Centre of Criminology, University of Toronto; Editor-in-Chief, Osgoode Society for Canadian Legal History. -
Recent Developments of German Legal Philosophy: a Report and Appraisal (1964-1966)
RECENT DEVELOPMENTS OF GERMAN LEGAL PHILOSOPHY: A REPORT AND APPRAISAL (1964-1966) Karl Engisch* Translator's Preface* Fundamental German thought about law, appearing under the name of legal philosophy, has greatly influenced Anglo-American jurisprudential thought. In the present century several of our distinguished jurisprudents have derived stimulus from German legal philosophers, for example, Roscoe Pound from Josef Kohler and Julius Stone from Gustav Radbruch. Since Germany con- tinues to be one of those countries where jurisprudentialthought is cultivated in an outstanding manner, I have felt that it would render a service to the cultivation of the same thought in the English-speaking world if recent developments of German legal philosophy could be brought to the notice of our legal scholars. Since only a few articles and no books by present German legal philosophers have been translated into English, this object could be achieved to a degree by translating a report on German legal-philosophical literature into English. The author of this report is one of the most distinguished contemporary German legal philosophers. In this area, he is particularly distinguished in the field of legal logic and the methodology of legal science and renowned for his keen analyses and sober judgment. His re- ports on the subject are published biennially in the periodical Zeitschrift ffir die gesamte Strafrechtswissenschaft and the present report is the most recent of these. It appeared in 1967 in volume 78, No. 3 of that periodical (pp. 490-523). Hoping that this translation will serve a good purpose, I intend to continue making available in English his subsequent reports. -
Books-Library.Online-10121733Gh1h9.Pdf
Chapter 9 “Die Rechtssätze in ihrem systematischen Zusammenhang zu erkennen” – The Thrust of Legal Formalism 9.1 A Genealogy of Legal Concepts by Georg Friedrich Puchta The Historical School of Law, founded by Friedrich Carl von Savigny (1779–1861) at the early nineteenth century, underscored the historical essence and roots of law. It highlighted the role of the Volksgeist, i.e. the historically evolving “spirit of the nation” on the evolvement of the law. The Volksgeist of a nation found its paramount expression in the customary law and, in the more sophisticated legal systems, in the legal conceptions and doctrinal constructions created by the legal profession (Juristenrecht, Professorenrecht). Towards the end of the nineteenth century, the historicist notion of law became transformed into full-fledged con- ceptualist jurisprudence in Germany. A hierarchical system of legal concepts, as created by the legal science so as to deal with the legal issues, was placed at the centre of legal analysis. Among the German conceptualists there were Georg Friedrich Puchta (1798–1846), Bernhard Windscheid (1817–1892), and the young Rudolf von Jhering (1818–1892), who later turned into a vehement opponent and critic of legal formalism under the Interessenjurisprudence, or jurisprudence based on the analysis of social interests in law.1 It was Philipp Heck, himself a pro- ponent of the Interessenjurisprudenz, who introduced the openly pejorative term Begriffsjurisprudenz for the German conceptualists.2 According to the Begriffsjurisprudenz, there is an immutable logico-conceptual element in law “frozen’ in the legal concepts and their mutual systemic relations. Even earlier, the historical school of law had found the immutable element of law in the community-centred legal concepts, like the spirit of the nation (Volksgeist) and the “organically” evolving legal consciousness of its people. -
Proquest Dissertations
The Archaeological Resources Protection Act, other federal legislation, and the protection of cultural resources in the United States Item Type text; Thesis-Reproduction (electronic) Authors Martin, Daniel Gordon, 1963- Publisher The University of Arizona. Rights Copyright © is held by the author. Digital access to this material is made possible by the University Libraries, University of Arizona. Further transmission, reproduction or presentation (such as public display or performance) of protected items is prohibited except with permission of the author. Download date 28/09/2021 21:22:10 Link to Item http://hdl.handle.net/10150/276621 INFORMATION TO USERS This reproduction was made from a copy of a document sent to us for microfilming. While the most advanced technology has been used to photograph and reproduce this document, the quality of the reproduction is heavily dependent upon the quality of the material submitted. The following explanation of techniques is provided to help clarify markings or notations which may appear on this reproduction. 1.The sign or "target" for pages apparently lacking from the document photographed is "Missing Page(s)". If it was possible to obtain the missing page(s) or section, they are spliced into the film along with adjacent pages. This may have necessitated cutting through an image and duplicating adjacent pages to assure complete continuity. 2. When an image on the film is obliterated with a round black mark, it is an indication of either blurred copy because of movement during exposure, duplicate copy, or copyrighted materials that should not have been filmed. For blurred pages, a good image of the page can be found in the adjacent frame. -
251 Chapter IX Revolution And
251 Chapter IX Revolution and Law (1789 – 1856) The Collapse of the European States System The French Revolution of 1789 did not initialise the process leading to the collapse of the European states system but accelerated it. In the course of the revolution, demands became articulate that the ruled were not to be classed as subjects to rulers but ought to be recognised as citizens of states and members of nations and that, more fundamentally, the continuity of states was not a value in its own right but ought to be measured in terms of their usefulness for the making and the welfare of nations. The transformations of groups of subjects into nations of citizens took off in the political theory of the 1760s. Whereas Justus Lipsius and Thomas Hobbes1 had described the “state of nature” as a condition of human existence that might occur close to or even within their present time, during the later eighteenth century, theorists of politics and international relations started to position that condition further back in the past, thereby assuming that a long period of time had elapsed between the end of the “state of nature” and the making of states and societies, at least in some parts of the world. Moreover, these theorists regularly fused the theory of the hypothetical contract for the establishment of government, which had been assumed since the fourteenth century, with the theory of the social contract, which had only rarely been postulated before.2 In the view of later eighteenth-century theorists, the combination of both types of contract was to establish the nation as a society of citizens.3 Supporters of this novel theory of the combined government and social contract not merely considered human beings as capable of moving out from the “state of nature” into states, but also gave to humans the discretional mandate to first form their own nations as what came to be termed “civil societies”, before states could come into existence.4 Within states perceived in accordance with these theoretical suppositions, nationals remained bearers of sovereignty. -
Mitläufer Oder "Nazi"?
Otto Eger: „herzensguter Mensch“, Mitläufer oder „Nazi“? Zur Kontroverse um den Gießener Juristen Peter Gruhne Den „lauteren und unbestechlichen Charakter“ Otto Egers lobt Max Kaser in seinem Nachruf und bezeichnet den am 11. April 1949 ver- storbenen Gießener Juristen als „warmfühlenden und herzensguten Menschen“.1 Auch Friedrich Weber bestätigt in seinem Nekrolog dieses Urteil und spricht im Hinblick auf seinen ehemaligen Lehrer Eger vom „Vertrauen seiner Kollegen“, von der „Liebe der Studenten“ und der „Lauterkeit seiner Persönlichkeit“.2 Der „treueste der Treuen“, wie Karl Engisch den Gießener Ordinarius noch 1957 aus Anlass der 350-Jahr-Feier der Universität nennt,3 weil er über 30 Jahre – von 1918 bis zu seinem Tod 1949 - in Gießen wirkte, 1 Kaser, Max: Otto Eger †, in: Nachrichten der Gießener Hochschulgesellschaft, Bd. 18, 1949, S. 94-103, hier: S. 103. Das ganze Zitat im Wortlaut: „Um ihn trauern zahlreiche Schüler, denen er in allen Lagen ein väterlicher Freund und warmherziger Förderer war. Um ihn trauern die akademischen Kollegen, die in ihm einen unermüdlichen Mit- arbeiter und fürsorglichen Ratgeber verlieren, die ehemaligen Studenten, deren Nöte er gelindert und von denen er vielen überhaupt das Studium ermöglicht hat, und endlich ein weiter Kreis von Freunden in der Stadt Gießen und im hessischen Land, die wissen, wieviel Otto Eger für die Landesuniversität, aber auch für das geistige und künstle- rische Leben der geliebten Heimat geleistet hat. Sie alle verehren in ihm den verdienten Gelehrten und hochbegabten Juristen, den lauteren und unbestechlichen Charakter und den warmfühlenden und herzensguten Menschen.“ 2 Weber, Friedrich: „Otto Eger †“, in: Zeitschrift der Savigny-Stiftung für Rechtsge- schichte, hrsg. -
The Renaissance of Natural Law and the Beginnings of Penal Reform in West Germany
Chapter 11 CRIMINAL LAW AFTER NATIONAL SOCIALISM The Renaissance of Natural Law and the Beginnings of Penal Reform in West Germany Petra Gödecke S The effort to achieve a comprehensive revision of the penal code had occupied German professors and practitioners of criminal law since the Kaiserreich.1 But the penal reform movement and the official reform commissions, which contin- ued all the way up to the Nazi regime’s penal reform commission under Justice Minister Franz Gürtner, remained unsuccessful. This chapter investigates when penal reform reappeared on the agenda of German criminal law professors after 1945 and what shape this new penal reform discourse took. The early postwar phase of the reform discourse had little influence on the comprehensive penal reform that was eventually passed in 1969 or on the revisions of laws on sexual offenses that took place from 1969 to 1973. But this early phase is of consider- able interest because it reveals the complex mix of continuity and change in a particular discipline at a moment of political rupture and because it reconstructs how a new reform discourse emerged under the influence of the experiences of the Nazi period and the social and cultural upheavals of the postwar era. This chapter begins with a brief overview of the penal code and of the situa- tion of academic criminal law at the universities around 1945. The next two sec- tions examine the debates on natural law and the question of why there were no efforts to completely revise the criminal code immediately after 1945. This issue leads into the following two sections, which explore the work situation, publica- tion venues, and professional meetings of legal academics in the field of criminal law after 1945.