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 • Bismarck’sche 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 Republic1919-1933 • 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.

11. 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

13. 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

14. 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)