Die deutschsprachige Rechtswissenschaft seit 1800 und der Rechtspluralismus

Abstract

Abstract German-Language Jurisprudence since 1800 and Legal Pluralism. This paper examines the history of legal pluralism in German-speaking jurisprudence since 1800 using the topoi of law without the state, alternative law, interlegality and nomos. It shows the continuous presence of these topics in the classical debates of German jurisprudence until the concept of legal pluralism was invented in the second half of the 20th century. The end of the Old Reich in 1806, the foundation of the German Reich in 1871 and the BGB from 1900 are important caesuras in this story. They indicate the assumption of a “delayed sattelzeit” in German legal theory during this period.