Christian Thomasius: Enlightenment and Bureaucracy

Abstract

The Thirty Years War, though essentially religious in origin, assumed towards its end a distinctly political complexion. It became a trial of strength between the major powers of Europe, resulting in the unquestioned supremacy of France and Austria, the establishment of Switzerland as a fully fledged sovereign state, and the extension of the dominion of Sweden and Denmark. Most, if not all, of these changes occurred at the expense of the territorial unity of the German Empire. At the same time the disruption of German Imperial unity brought in its wake the effective assertion of sovereignty on the part of some 360 German principalities. The political unity of ‘Germany’ became a legal fiction.Under these changed circumstances the generally prevalent Roman Law, based as it was on the idea of strong central administration, was no longer in accordance with the political realities of Germany.