Austrian Academy of Sciences
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Brief Description of the Traditions Related to the “Translator’s mchod rten” in Kyu wang, Western Tibet (translated and annotated by Christian Jahoda). Veröffentlichungen zur Sozialanthropologie|Early West Tibetan Buddhist Monuments Veröffentlichungen zur Sozialanthropologie 29|
No full textTerritory and Trends in Land Control: The Byang thang “Heartland” and the mNga’ ris “Periphery”. Veröffentlichungen zur Sozialanthropologie|Early West Tibetan Buddhist Monuments Veröffentlichungen zur Sozialanthropologie 29|
No full textDie Kompetenzverteilung 1860 – 1861 – 1867. Beiträge zur Rechtsgeschichte Österreichs|Beiträge zur Rechtsgeschichte Österreichs Band 2 / 2021|
No full textThe author examines the basic structure of the federal system which resulted from the constitutional legislation in the Austrian Empire after the fall of neo‐absolutism in 1859/60. How were the competences distributed between the Austrian state and its Länder? The foundations of this federal system, which admittedly had little in common with a modern federal state, were laid by the so‐called ‘Oktoberdiplom’ of 1860 and the ‘Februarpatent’ of 1861; the latter is generally known as the first enduring step towards constitutionalism in the Austrian Empire. In the opinion of the contemporaries of the 19th century, the Februarpatent was seen as shaped by radical centralism, whereas the Oktoberdiplom seemed to be characterised by federalist principles. The article mainly deals with the question of how the assessment of both statutes in the contemporary public opinion can be explained
„Kompetenzverteilung“ avant la lettre? Methodisch‐theoretische und wissenschaftshistorische Reflexionen zur Zuständigkeitsverteilung in vormodernen Mehrebenensystemen. Beiträge zur Rechtsgeschichte Österreichs|Beiträge zur Rechtsgeschichte Österreichs Band 1 / 2021|
No full textAfter an introductory discussion of the emergence and dissemination of the term ‘distribution of competencies’by German legal science after the foundation of the German Empire and its reception in the Austrian Monarchy,the question is raised as to whether this concept of distribution of competencies can already be used for premoderntimes, i.e. before the constitutionalisation of European states. First, the complex multi‐level system of theHoly Roman Empire as well as the composite state of the Austrian Monarchy will be analysed in detail. Subsequently,the public law doctrine of the Holy Roman Empire (the science of the ‘ius publicum imperii’) is examined to seewhether approaches to a theory of the distribution of competencies can already be found; attention is drawn in particularto the innovation of Johann Stephan Pütter
The Procedure at the Noble Courts of the Kingdom of Poland at the Turn of the 16th Century: the Ups and Downs. Beiträge zur Rechtsgeschichte Österreichs|Beiträge zur Rechtsgeschichte Österreichs Band 2 / 2020|
No full textProcedural law was the only branch of old Polish law that was regulated in a more complex manner by an act of parliament in the early modern period, and the law from 1523 remained in force until the partitions of the Polish‐ Lithuanian Commonwealth. The later laws changed or supplemented its rules merely in a fragmentary manner and a new comprehensive law was not issued. The article presents this law in light of court records from the territory of Bielsk. These documents come from the turn of the 16th and 17th centuries. Consequently, the article describes some problems connected with the defendant’s knowledge about citation and legal objections against it, as well as about the rules of evidence. But the most interesting aspect are the court’s judgements concerning the admissibility of an appeal granted by judges contrary to statutory law. The court did not respect the defendants’ written commitments in which they had waived their right to appeal. This article attempts to evaluate the efficiency and effectiveness of these proceedings at the turn of 16th and 17th centuries. Unfortunately, Polish procedural law was full of formalities that delayed adjudication and execution. However, this does not mean that these proceedings had only disadvantages for the overall efficiency of judicial system
Materielle Unabhängigkeit und Besoldung der Richter in Ungarn mit besonderem Bezug auf die 1920er Jahre. Beiträge zur Rechtsgeschichte Österreichs|Beiträge zur Rechtsgeschichte Österreichs Band 2 / 2020|
No full textAccording to the Act No. 4 of 1869 on the exercise of judicial power, the judge “draws his salary from the treasury and is obliged to render justice to the parties for free, except the fees and charges imposed by law”. Then the judges’ remuneration was governed by the Act No. 32 of 1871. While the Act No. 25 of 1890 gave the judges a new status, the Act No. 4 of 1893 – contrary to the principle of the separation of administrative and judiciary power – put judges together with administrative officials into the same salary classes. From 1905 on, no year passed without the National Association of Judges and Prosecutors dealing with the question of the introduction of automatic promotion. Legal forums and essays aimed at improving the financial status of judges also occasionally raised the issue of secondary employment. The so‐called Status Act (Act No. 20 of 1920) provided that “judges and prosecutors should be removed from the salary classes for state officials and classified in their own grades”. Although the primary purpose of the Act was to regulate judges’ salaries, contemporaries thought that judges’ incomes were still insufficient
Die Kompetenzverteilung in der deutschen Reichsverfassung 1871. Beiträge zur Rechtsgeschichte Österreichs|Beiträge zur Rechtsgeschichte Österreichs Band 2 / 2021|
No full textBismarckʹs Constitution is the basis of the most important example of a living monarchical federal state. In it, the monarchical position, even in the constituent states, is clearly more emphasized than in its Frankfurt predecessor of 1849 and left untouched in the text until 1918. On the other hand, however, this position is increasingly undermined by a development which, to the detriment of the constituent states, makes use of farreaching competences – as under the American Constitution – and, moreover, permits amendments and breaches of the constitution by simple majorities
