(Individuelle) Autonomie als Rechtsbegriff – Die Wurzeln des Begriffs Privatautonomie im konfessionellen Zeitalter

Abstract

Individual as a legal concept - The origins of Privatautonomie in the confessional age. The German term Privatautonomie'as a fundamental principie of civil lawtakes up the term autonomy, which was used to describe the freedom of belief from the 16t h to the 19th century. Andreas Erstenberger made it popular in this sense choosing it as the title of his work De autonomia in 1586, although he denied individuais such autonomy, vvhereas especially protestant authors often claimed its legal acceptance. The ancient Greek use of autonomy had mainly been limited to public law, referring to self-government. In the late 18th century Johann Christian Majer transferred the term autonomy from the law of religion into private law, using it in the sense of individual in civil law. The now so called Privatautonomie became a generally accepted term during the German 19t h century. The German terminology carne to influence other European languages and legal systems, sometimes assisted by the spreading of Kant's philosophical idea of autonomy. In German Law, however, the term Privatautonomie still remains much more important than its correspondents in Common Law