Von der Macht zur Herrschaft. Das kanonische Recht als Standard im Reich Ludwigs IV.?

Abstract

From Power to Government. Canon Law as Standard in the Empire ofLouis IV. The origin of the European ,state' is still not fully understood at least in the perspective of legal history. It is suggested here that from the 13t h century onward elements from Canon law were taken over to create legal bonds beyond personal commitments as in feudal law. They helped to strengthen a central secular power, which either usurped ecclesiastical rights such as tithes or copied from the canon law model, e.g. in the field of legal procedure. The upcoming term of ius administrationis, however, points at a developing legal field of administration beyond jurisdiction. Here again, examples like the vicar as viceroy indicate the influence of Canon law not just in special cases, but as a new model for government. Thus Canon law set e new standard for authority, from which the European states could evolve. For Emperor Louis IV, our main field of investigaron, this legal transfer in special fields helped to solve his conflicts with fewer difficulties.