German Legal Research Articles

The Legal and Regulatory Framework for the Telecoms Market in the EU and Shortcomings in the German Legal Environment

The Legal and Regulatory Framework for the Telecoms Market in the EU and Shortcomings in the German Legal Environment

Contemporary German Legal Philosophy

Herget (international law, U. of Houston) explains to American legal scholars and students the main points of the characteristic legal philosophy that has developed in the German-speaking world since World War II. After a historical introduction and overview, he discusses critical rationalism, disco

Three Steps Back for Women: German Unification, Gender, and University “Reform”

The process of German unification has been a series of political surprises. Before the chain of events of summer and fall 1989 that led to the fall of the Wall on November 9, 1989, few could have predicted the “change of direction” (die Wende) of the government that followed. Fewer still would have suspected how quickly the overthrow of Honecker and his government would be supplanted by a drive toward economic and then political unification. In less than a year, on December 3, 1990, the GDR ceased to exist, being wholly absorbed as five new states in the existing legal and political structures of the Federal Republic of Germany (FRG). This has meant a wholesale restructuring of every social institution in the German Democratic Republic (GDR), not merely the economy; the method of unification chosen meant that all East German laws and organizations had to be brought into conformity with a virtually unaltered West German legal and social system.This process has been troubled and troubling in many different respects, but not the least of the surprises to many observers has been the important role gender has played in the unification process. Not only did the government face sufficient protest that it needed to defer reconciling the different legal regulations of abortion in the two states, but shortly after the unification treaty was signed and its practical consequences began to be felt, the observation became commonplace that “women were the losers” in this process.

Three Steps Back for Women: German Unification, Gender, and University “Reform”

The process of German unification has been a series of political surprises. Before the chain of events of summer and fall 1989 that led to the fall of the Wall on November 9, 1989, few could have predicted the change of direction (die Wende) of the government that followed. Fewer still would have suspected how quickly the overthrow of Honecker and his government would be supplanted by a drive toward economic and then political unification. In less than a year, on December 3, 1990, the GDR ceased to exist, being wholly absorbed as five new states in the existing legal and political structures of the Federal Republic of Germany (FRG). This has meant a wholesale restructuring of every social institution in the German Democratic Republic (GDR), not merely the economy; the method of unification chosen meant that all East German laws and organizations had to be brought into conformity with a virtually unaltered West German legal and social system. This process has been troubled and troubling in many different respects, but not the least of the surprises to many observers has been the important role gender has played in the unification process. Not only did the government face sufficient protest that it needed to defer reconciling the different legal regulations of abortion in the two states, but shortly after the unification treaty was signed and its practical consequences began to be felt, the observation became commonplace that were the losers in this process. I Despite actively mobilized women's movements in each part of Germany, neither leading (male) politicians and social scientists nor the voting public at large took seriously their warnings that unification meant three steps back for women.2 The purpose of this paper is to outline in general terms why women in the ex-GDR are bearing a disproportionate share of the costs of unification and to look more specifically at how this is happening in one particular arena, the restructuring of the universities. Although there are features that are distinctive to univer-

Legal Data Banks, the Glut of Lawyers, and the German Legal Profession

Recent developments in higher education and in microelectronics have converged to alter the work and status of the legal profession. In this study of the subject of these far-reaching trends on lawyers in the German insurance industry, the professional jurisdiction of lawyers is found to have been greatly weakened. The need for the professional expertise of lawyers is greatly reduced because qualified nonlawyer business clerks have access through the legal data banks to legal knowledge once only available to them after many years of experience. Ironically, however, the excess supply of lawyers has led insurance companies to hire them to do work below their qualification level that can be done by qualified nonlawyer clerks; thus these over-credentialed lawyers find it almost impossible to establish or maintain any professional legal jurisdiction.

From Codification To Constitution: On the Changes of Paradigm in German Legal History of the Twentieth Century

From Codification To Constitution: On the Changes of Paradigm in German Legal History of the Twentieth Century

Integration of the German Legal Professions in a United Germany

Integration of the German Legal Professions in a United Germany Catherine Campbell Catherine Campbell Search for other works by this author on: Oxford Academic Google Scholar Yearbook of European Law, Volume 11, Issue 1, 1991, Pages 339–382, https://doi.org/10.1093/yel/11.1.339 Published: 01 November 1991

Outlook for the German Legal Profession in the Emerging European Single Market

Outlook for the German Legal Profession in the Emerging European Single Market

The Influence of German Legal Theory on American Law: The Heritage of Savigny and His Disciples

The celebrations in Berlin commemorating the 75th anniversary of its founding have induced the Law School of the University of California to celebrate the establishment of the Law Faculty of the University of Berlin in 1810. We felt it was appropriate to pay tribute to the distinguished members of that group and to the impact of their work on legal thought beyond the confines of Prussia and Germany and in particular on that in the United States.

Genocide and the Modern Age: Etiology and Case Studies of Mass Death

Acknowledgments Introduction by Isidor Walliman and Michael N. Dobkowski Part I--Conceptualizing, Classifying, Defining and Explaining Genocide: Some Macro Perspectives A Typology of Genocide and Some Implications for the Human Rights Agenda by Kurt Jonassohn and Frank Chalk Human Destructiveness and Politics: The Twentieth Century as an Age of Genocide by Roger W. Smith The Etiology of Genocides by Barbara Harff Genocide and the Reconstruction of Social Theory: Observations on the Exclusivity of Collective Death by Irving Louis Horowitz Genocide, The Holocaust, and Triage by John K. Roth Genocide and Total War: A Preliminary Comparison by Eric Markusen Social Madness by Ronald Aronson Part II--Understanding Occurrences of Genocide: Some Case Studies and Investigations of Related Social Processes Was the Holocaust Unique? A Peculiar Question? by Alan Rosenberg The Holocaust and Historical Explanation by Robert G.L. Waite Discrimination, Persecution, Theft, and Murder under Color of Law: The Totalitarian Corruption of the German Legal System, 1933-1945 by Gunter W. Remmling Relations of Genocide: Land and Lives in the Colonization of Australia by Tony Barta Middleman Minorities and Genocide by Walter P. Zenner Afterword: Genocide and Civilization by Richard Rubenstein Bibliographical Essay About the Contributors

Soviet-West German Legal Conference in Hamburg

Soviet-West German Legal Conference in Hamburg

Updating the Judicial "Hunch": Esser's Concept of Judicial Predisposition

Jurisprudence in the Common Law has owed so much to German legal theory from the days of Austin onwards that it might be expected that any major new work in German would sooner or later become known to English readers. This may no longer be true as the generation of emigre scholars, who have so enriched Anglo-American legal scholarship, are now getting older and in many cases retiring from teaching. To this may be added that fewer native English or American scholars read German now that English has virtually become the lingua franca of legal research. These may be reasons why a recent major work in legal theory does not appear to have been reviewed in English.' Josef Esser's Vorverstdndnis und Methodenwahl in der Rechtsfindung (Predisposition and Choice of Method in Finding the Law)2 is a significant study and should become known to all who are interested in judicial process. In this book Esser develops some of the thoughts first outlined in his work Grundsatz und Norm in der richterlichen Fortbildung des Privatrechts (Principle and Norm in the Judicial Development of Private Law) published in 1956, of which unfortunately no English translation is available.3 There the author demonstrated convincingly, by case-law examples, analysis and reference to the juristic literature of the major Western legal systems (Germany, France, Switzerland, Italy, Spain, England and the United States), the fundamental similarities of legal evolution by the judicial process behind the superficial differences of technique. He also emphasized the surprising similarity of solutions to the same sets of problems in legal systems which had a similar set of values by the use of apparently quite dissimilar techniques, e.g. the concept of unjust enrichment as developed in the Common Law, in French law (where there was no provision at all on this topic in the Code) and in Switzerland and Germany where Code provisions did exist. The crucial importance of the judge in this process was an evident corollary. This book had a major, though not uncontroversial, impact on Continental legal theory. Its distinctive quality for German legal

German Legal Festschriften 1969–1971

German Legal Festschriften 1969–1971

German Legal Festschriften 1971

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German Legal Festschriften 1970

German Legal Festschriften 1970

German Legal Study Program of the Volkswagen Foundation

Journal Article German Legal Study Program of the Volkswagen Foundation Get access Michael A. Schwind Michael A. Schwind Special Editor New York University Search for other works by this author on: Oxford Academic Google Scholar The American Journal of Comparative Law, Volume 17, Issue 4, Autumn 1969, Page 684, https://doi.org/10.1093/ajcl/17.4.684 Published: 01 October 1969

Significant Developments in German Legal Philosophy since 1945

Journal Article Significant Developments in German Legal Philosophy since 1945 Get access Edgar Bodenheimer Edgar Bodenheimer 1EdgarBodenheimer is Professor of Law at the University of Utah. The present article grew out of a semester of teaching and lecturing at the University of Heidelberg and other German universities, in the course of which the author had an opportunity to discuss the trends described below with a number of German authorities in the field Search for other works by this author on: Oxford Academic Google Scholar The American Journal of Comparative Law, Volume 3, Issue 3, Summer 1954, Pages 379–396, https://doi.org/10.2307/837956 Published: 01 July 1954

German Legal Science Today

German Legal Science Today

Notes on the German Legal and Penal System

The author of this article, who is the Director of the U.S. Bureau of Prisons and Secretary of the Section of Criminal Law of the American Bar Association, received his A.B. degree from Brown and his LL.B. from George Washington. When the American Military Government took over administration of its territory in Germany, Mr. Bennett was placed in charge of the Prisons Branch. He describes the German prisons he saw immediately following VE day and comments upon Nazi concepts of Justice. He believes that Hitler was able to win complete control only after the courts had been stultified and the people lost all faith in the German judicial system. Mr. Bennett suggests development of a statement of judicial fundamentals which, if violated, would afford sufficient basis for intervention of the United Nations.

German Legal Philosophy

German Legal Philosophy