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Your search for 'dc_creator:( "Herbert Kalb" ) OR dc_contributor:( "Herbert Kalb" )' returned 33 results. Modify search

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Court Procedure

(2,702 words)

Author(s): Herbert Kalb
In 1199, Bishop Wolfger of Passau obtained from Pope Innocent III a littera gratiosa that also found its way into the Liber extra (X 1.4.3). According to the pope's letter, there reigned in the diocese of Passau the inequi…
Date: 2016-10-18

Jurisprudence

(3,633 words)

Author(s): Herbert Kalb
The main focus of attention in a terminological definition of legal science – insofar as its scientific character is not denied in principle – is the juridical method. As K. Larenz, for example, asserts in his influential Methodenlehre d…
Date: 2016-10-18

Urban Codes

(2,810 words)

Author(s): Herbert Kalb
Along with the "medieval agricultural revolution," the 11th/12th centuries also saw the inception of an "urban revolution." A new urban culture came into being, defined by new economic forms (→municip…
Date: 2016-10-18

Laws, Statutes

(1,783 words)

Author(s): Herbert Kalb
In the period of absolute monarchy, legislation became the exclusive function of the ruler. Jean Bodin (d. 1596) founded his concept of sovereignty on potestas legibus soluta, and sees in the law which can be altered accordin…
Date: 2016-10-17

Canon Law

(3,963 words)

Author(s): Herbert Kalb
The requirement that clerics should know the law has been part of the self-conception of the Church since the Early Middle Ages: "Nulli sacerdotum suos licet canones ignorare." This is in keeping with…
Date: 2016-10-18

Regional Civil Codes

(2,524 words)

Author(s): Herbert Kalb
Regional civil codes ( Landrechte) comprise in the broadest sense a further developed form of tribal law, discussed by legal historians in terms of constitutional processes associated with the development…
Date: 2016-10-18

Law

(2,371 words)

Author(s): Herbert Kalb
From the standpoint of modern legal theory, the concept of a legal order depends on three conditions: it must be understood as a prescriptive system, as a system that has to be consciously created and…
Date: 2016-10-17

Inquisition

(1,974 words)

Author(s): Herbert Kalb
By "inquisition" is meant a trial procedure developed at the beginning of the 13th century under that name, and used in both the ecclesiastical and the secular jurisdiction until far into the modern p…
Date: 2016-10-17

Customary Law

(2,112 words)

Author(s): Herbert Kalb
In 1916 and 1919, F. Kern published two articles in the Historische Zeitschrift on the developmental structures and conceptual representation of medieval law, with particular reference to customary law, provoking…
Date: 2016-10-17

Roman Law

(2,674 words)

Author(s): Herbert Kalb
The Imperium Romanum was effectively divided into a Western and an Eastern Empire in 395. The Codex Theodosianus, consisting of 16 books, was officially proclaimed in Constantinople in 438 at the behest of Theodosius …
Date: 2016-10-18

Legal Traditions

(816 words)

Author(s): Herbert Kalb
As late as 1356, in the description of the rights of the count palatinate of the Rhine as arch-steward of the empire and those of the duke of Saxony as high marshal of the empire, the Golden Bull focuses on the two most important tribal …
Date: 2016-08-09

Regalia and Regalian Rights

(1,437 words)

Author(s): Herbert Kalb
Legal historians describe regalia as the embodiment of sovereign rights and prerogatives. The main turning point in the development of the concept of regalia came with the differentiation between the …
Date: 2016-10-18

Judicial Systems

(1,152 words)

Author(s): Herbert Kalb
The many-layered and fragmented nature of the judicial system of the Middle Ages was intimately bound to the current degree of "statehood," and consequently a reflection of the prevailing "constitutional law."The kings of the Fran…
Date: 2016-10-18

Privilege

(1,574 words)

Author(s): Herbert Kalb
The conceptualization of privilege was immensely difficult for the predominantly oral culture prior to the 12th century. A theory of privilege was yet to develop, until a theoretical understanding beg…
Date: 2016-10-17

Feudal Laws

(1,750 words)

Author(s): Herbert Kalb
Although it took various legal forms, feudalism or Lehnswesen was the predominant element of "state structure" in almost the whole of Europe during the High and Late Middle Ages (→feudalism). It embraced not …
Date: 2016-08-09

Contracts

(1,636 words)

Author(s): Herbert Kalb
Law is "created" by contract. Legally binding rules are established for the participants in agreements between two or more parties. The close affinity to statutes, in the sense of rules drawn up by as…
Date: 2016-08-09

Penal System

(1,501 words)

Author(s): Herbert Kalb
The central issue as regards the historical development of the "penal system" is the emergence and genesis of a form of "public criminal law." The Deutsche Forschungsgemeinschaft established a special…
Date: 2016-10-18

German Law

(1,986 words)

Author(s): Herbert Kalb
Tacitus' Germania was enthusiastically received in Germany when it was printed in the second half of the 15th century. The Germans of the Reformation age thought to recognize themselves in the Germanic…
Date: 2016-10-18

Legal Structures

(783 words)

Author(s): Herbert Kalb
In 1956, in his short Geschichte der Gesetzgebung in Deutschland (History of Legislation in Germany), W. Ebel expounded an influential typology of medieval law, proposing that the ruling ( Weisung), statute ( Satzung), and decree ( Rech…
Date: 2016-10-17

Glossen

(721 words)

Author(s): Herbert Kalb
Glossen - Historisch Seit der Spätantike wird das erklärende Wort (Lemma) u. sein Interpretament auch zusammen als G. bez. Die volkssprachigen G. des dt. Sprachraumes – in über 1250 Handschriften (u. einer Inkunabel) werden rund 250000 Einzelwortbelege tradiert – markieren den Beginn deutschsprachiger Schriftlichkeit u. sind wichtige Zeugnisse einer volkssprachigen Rezeption (spät)antiker, frühchristlicher Traditionen auf der Folie missionarischer u. bildungspolitischer Intentionen der Karolingerze…
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