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Otto Von Gierke
Otto Friedrich von Gierke, born Otto Friedrich Gierke (11 January 1841 – 10 October 1921), was a German legal scholar and historian. He is considered today as one of the most influential and important legal scholars of the 19th and 20th century. In his four-volume magnum opus entitled ''Das deutsche Genossenschaftsrecht'' (''German Law of Associations''), he pioneered the study of social groups and the importance of associations in German life, which stood between the divide of private and public law. During his career at Berlin University's law department, Gierke was a leading critic of the first draft of a new Civil Code for Imperial Germany. Gierke argued that it had been molded in an individualistic frame that was inconsistent with German social traditions. Gierke became known as a vocal Germanist within the German Historical School of Jurisprudence. The draft was revised to remove Roman law influences and the German Civil Code came into effect in 1900. Career In 1841 O ...
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Edgar Von Gierke
Edgar Otto Conrad von Gierke (9 February 1877, in Breslau – 21 October 1945, in Karlsruhe) was a German Jewish pathologist who specialized in glycogenesis and discovered glycogen storage disease type I (formerly known as von Gierke disease) in 1929. Early life Edgar was born in 1877 the Prussian province of Silesia in Breslau to a famous Pomeranian German family. He was the son of the noted legal scholar Otto von Gierke and Marie Caecilie Elise (Lili) née Loening (1850–1936). Edgar had a sister named Anna von Gierke and a brother named Julius. Marie was an Evangelical Christian but her parents had converted from Judaism to Christianity in the 1840s prior to her birth. Thus, under the racial laws of German Nazi rule, she was considered to be Jewish as was Edgar, who identified as a Protestant. As a result, Edgar was labeled "Mischling 1. Grades" ("half-breed 1st degree") by the Nazi party. In 1896, von Gierke served one year as a military volunteer in the Silesian Field Ar ...
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Prussian House Of Lords
The Prussian House of Lords () in Berlin was the upper house of the Landtag of Prussia (), the parliament of Prussia from 1850 to 1918. Together with the lower house, the House of Representatives (), it formed the Prussian bicameral legislature. The building is now used as the seat of the German Bundesrat. Kingdom of Prussia Modeled on the House of Lords of the United Kingdom, the ''Herrenhaus'' was created following the 1848 revolution with the adoption of the Constitution of the Kingdom of Prussia imposed by King Frederick William IV on 5 December 1848. A member of the House of Lords was known as a ''pair'' (see also pairie), or officially as a ''member of the Prussian House of Lords'' (''Mitglied des preußischen Herrenhauses'', or MdH). The House consisted of hereditary peers, life peers appointed by the King of Prussia, peers by virtue of position, representatives of cities and universities, etc. The majority of members were nobles, although the House also had comm ...
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Humboldt University Of Berlin
The Humboldt University of Berlin (, abbreviated HU Berlin) is a public research university in the central borough of Mitte in Berlin, Germany. The university was established by Frederick William III on the initiative of Wilhelm von Humboldt, Johann Gottlieb Fichte and Friedrich Daniel Ernst Schleiermacher as the University of Berlin () in 1809, and opened in 1810. From 1828 until its closure in 1945, it was named the (Royal) Friedrich Wilhelm University of Berlin (FWU Berlin; ). During the Cold War, the university found itself in East Berlin and was ''de facto'' split in two when the Free University of Berlin opened in West Berlin. The university received its current name in honour of Alexander and Wilhelm von Humboldt in 1949. The university is divided into nine faculties including its medical school shared with the Freie Universität Berlin. The university has a student enrollment of around 35,000 students, and offers degree programs in some 171 disciplines from un ...
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Heidelberg University
Heidelberg University, officially the Ruprecht Karl University of Heidelberg (; ), is a public research university in Heidelberg, Baden-Württemberg, Germany. Founded in 1386 on instruction of Pope Urban VI, Heidelberg is Germany's oldest university and one of the world's oldest surviving universities; it was the third university established in the Holy Roman Empire after Prague (1347) and Vienna (1365). Since 1899, it has been a coeducational institution. Heidelberg is one of the most prestigious universities in Germany. It is a German Excellence University, part of the U15, as well as a founding member of the League of European Research Universities and the Coimbra Group. The university consists of twelve faculties and offers degree programmes at undergraduate, graduate and postdoctoral levels in some 100 disciplines. The language of instruction is usually German, while a considerable number of graduate degrees are offered in English as well as some in French. 57 Nobel ...
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Sovereignty
Sovereignty can generally be defined as supreme authority. Sovereignty entails hierarchy within a state as well as external autonomy for states. In any state, sovereignty is assigned to the person, body or institution that has the ultimate authority over other people and to change existing laws. In political theory, sovereignty is a substantive term designating supreme legitimate authority over some polity. In international law, sovereignty is the exercise of power by a state. ''De jure'' sovereignty refers to the legal right to do so; '' de facto'' sovereignty refers to the factual ability to do so. This can become an issue of special concern upon the failure of the usual expectation that ''de jure'' and ''de facto'' sovereignty exist at the place and time of concern, and reside within the same organization. Etymology The term arises from the unattested Vulgar Latin *''superanus'' (itself a derived form of Latin ''super'' – "over") meaning "chief", "ruler". Its spellin ...
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Social Contract
In moral and political philosophy, the social contract is an idea, theory, or model that usually, although not always, concerns the legitimacy of the authority of the state over the individual. Conceptualized in the Age of Enlightenment, it is a core concept of constitutionalism, while not necessarily convened and written down in a constituent assembly and constitution. Social contract arguments typically are that individuals have consented, either explicitly or tacitly, to surrender some of their freedoms and submit to the authority (of the ruler, or to the decision of a majority) in exchange for protection of their remaining rights or maintenance of the social order. The relation between natural and legal rights is often a topic of social contract theory. The term takes its name from '' The Social Contract'' (French: ''Du contrat social ou Principes du droit politique''), a 1762 book by Jean-Jacques Rousseau that discussed this concept. Although the antecedents of soci ...
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State (polity)
A state is a politics, political entity that regulates society and the population within a definite territory. Government is considered to form the fundamental apparatus of contemporary states. A country often has a single state, with various administrative divisions. A state may be a unitary state or some type of federation, federal union; in the latter type, the term "state" is sometimes used to refer to the federated state, federated polities that make up the federation, and they may have some of the attributes of a sovereign state, except being under their federation and without the same capacity to act internationally. (Other terms that are used in such federal systems may include "province", "Region#Administrative regions, region" or other terms.) For most of prehistory, people lived in stateless societies. The earliest forms of states arose about 5,500 years ago. Over time societies became more Social stratification, stratified and developed institutions leading to Centra ...
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Johannes Althusius
Johannes Althusius (1563 – August 12, 1638). was a German–French jurist and Calvinist political philosopher. He is best known for his 1603 work ''"Politica Methodice Digesta, Atque Exemplis Sacris et Profanis Illustrata"'' which revised editions were published in 1610 and 1614. The ideas expressed therein relate to the early development of federalism in the 16th and 17th centuries and the construction of subsidiarity. Biography Johannes Althusius was born in 1563 to a family of modest means in Diedenshausen, County Sayn-Wittgenstein (Siegen-Wittgenstein), a Calvinist County in what is now the state of North Rhine Westphalia (but was then the seat of an independent ''Grafschaft'' or County). Under the patronage of a local count, he attended the Gymnasium Philippinum in Marburg from 1577 and began his studies in 1581, concentrating in law and philosophy. He first studied Aristotle in Cologne, then studied law around 1585/86 under Denis Godefroy at Basel.Johannes Althusius, ...
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University Of Berlin
The Humboldt University of Berlin (, abbreviated HU Berlin) is a public research university in the central borough of Mitte in Berlin, Germany. The university was established by Frederick William III on the initiative of Wilhelm von Humboldt, Johann Gottlieb Fichte and Friedrich Daniel Ernst Schleiermacher as the University of Berlin () in 1809, and opened in 1810. From 1828 until its closure in 1945, it was named the (Royal) Friedrich Wilhelm University of Berlin (FWU Berlin; ). During the Cold War, the university found itself in East Berlin and was ''de facto'' split in two when the Free University of Berlin opened in West Berlin. The university received its current name in honour of Alexander and Wilhelm von Humboldt in 1949. The university is divided into nine faculties including its medical school shared with the Freie Universität Berlin. The university has a student enrollment of around 35,000 students, and offers degree programs in some 171 disciplines from und ...
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Franco-Prussian War
The Franco-Prussian War or Franco-German War, often referred to in France as the War of 1870, was a conflict between the Second French Empire and the North German Confederation led by the Kingdom of Prussia. Lasting from 19 July 1870 to 28 January 1871, the conflict was caused primarily by France's determination to reassert its dominant position in continental Europe, which appeared in question following the decisive Austro-Prussian War, Prussian victory over Austria in 1866. According to some historians, Prussian chancellor Otto von Bismarck deliberately provoked the French into declaring war on Prussia in order to induce four independent southern German states—Grand Duchy of Baden, Baden, Kingdom of Württemberg, Württemberg, Kingdom of Bavaria, Bavaria and Grand Duchy of Hesse, Hesse-Darmstadt—to join the North German Confederation. Other historians contend that Bismarck exploited the circumstances as they unfolded. All agree that Bismarck recognized the potential for new ...
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Theodor Mommsen
Christian Matthias Theodor Mommsen (; ; 30 November 1817 – 1 November 1903) was a German classical scholar, historian, jurist, journalist, politician and archaeologist. He is widely regarded as one of the greatest classicists of the 19th century. He received the 1902 Nobel Prize in Literature for his historical writings, including '' The History of Rome'', after having been nominated by 18 members of the Prussian Academy of Sciences. He was also a prominent German politician, as a member of the Prussian and German parliaments. His works on Roman law and on the law of obligations had a significant impact on the German civil code. Life Mommsen was born to German parents in Garding in the Duchy of Schleswig in 1817, then ruled by the king of Denmark, and grew up in Bad Oldesloe in Holstein, where his father was a Lutheran minister. He studied mostly at home, though he attended the Gymnasium Christianeum in Altona for four years. He studied Greek and Latin and receive ...
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Germanic Law
Germanic law is a scholarly term used to describe a series of commonalities between the various law codes (the ''Leges Barbarorum'', 'laws of the barbarians', also called Leges) of the early Germanic peoples. These were compared with statements in Tacitus and Caesar as well as with high and late medieval law codes from Germany and Scandinavia. Until the 1950s, these commonalities were held to be the result of a distinct Germanic legal culture. Scholarship since then has questioned this premise and argued that many "Germanic" features instead derive from provincial Roman law. Although most scholars no longer hold that Germanic law was a distinct legal system, some still argue for the retention of the term and for the potential that some aspects of the ''Leges'' in particular derive from a Germanic culture. Scholarly consensus as of 2023 is that Germanic law is best understood in opposition to Roman law, in that it was not "learned" and incorporated regional peculiarities. While th ...
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