Austrian Academy of Sciences

Elektronisches Publikationsportal der Österreichischen Akademie der Wissenschaften
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    Reichsgesetz und Landesgesetz. Die wissenschaftliche Auseinandersetzung mit der altösterreichischen Kompetenzverteilung. Beiträge zur Rechtsgeschichte Österreichs|Beiträge zur Rechtsgeschichte Österreichs Band 2 / 2021|

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    Until 1918, the distribution of competences in the Western part of the Habsburg Empire (Cisleithania, Austria) was based on constitutional acts from 1861 and 1867. The distribution of competences in the ‘February patent’ of 1861 was clear‐cut (at least in theory), but there was no procedure to change it. Nevertheless, it was changed when the December Constitution was enacted in 1867. In practice, there were two – closely linked – problems with the distribution of competences. On the one hand, it was not always clear whether the central parliament (‘Reichsrat’) or the diets (‘Landtage’) were competent. On the other hand, there was no instance to decide such questions of uncertain competences. Georg Jellinek and Hans Kelsen published detailed studies on these problems. Jellinek suggested establishing a constitutional court to decide uncertain competences. Kelsen analyzed the situation in greater detail than any other author, but made no suggestions as to how to solve the problems. His analysis was, however, important for the development of his pure theory of law and for his work on the federal constitution of 1920

    Theorie der Kompetenzverteilung. Beiträge zur Rechtsgeschichte Österreichs|Beiträge zur Rechtsgeschichte Österreichs Band 2 / 2021|

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    The dogmatics of the distribution of competences benefits from a theory of the distribution of competences, because the latter reminds the former of the complexity and plurality as well as of the relativity and contingency of competence relations. In this way, the theory encourages dogmatics to develop concepts and arguments that are more viable and suitable, but less systematic‐smooth and less universal. In particular, a critical theory of the distribution of competences sustainably shakes the self‐evidence with which the essence of competence or the nature of the federal state is invoked to solve concrete problems – and thereby directs the view to positive law in its contingency

    Pandektenlehrbücher auf Polnisch oder polnische Pandektenlehrbücher? Anmerkungen zu zwei Hauptwerken der galizischen Pandektistik im 19. Jahrhundert. Beiträge zur Rechtsgeschichte Österreichs|Beiträge zur Rechtsgeschichte Österreichs Band 2 / 2020|

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    The specific textbooks on Pandect law were a characteristic element of the German Pandektistik. It is almost intuitively assumed that all these textbooks were written in German language. Considering them more closely reveals, however, that in the nineteenth century this kind of textbooks on the “Pandektenrecht” also existed in other languages than German, such as two textbooks published in Polish at the time, namely the two‐volume work “Pandekta czyli wykład prawa prywatnego, rzymskiego, o ile ono jest podstawą prawodawstw nowszych”, published by Józefat Zielonacki in 1862, and Ferdinand Źródłowskiʹs Pandect textbook from 1889 entitled “Pandekta prywatnego prawa rzymskiego”. Both textbooks were extensive and independent elaborations in Polish language, which, however, dealt with (German) Pandect law. According to the author of the article, both textbooks must be regarded as a key for exploring the Galician Pandektistik

    Beiträge zur Rechtsgeschichte Österreichs Band 2 / 2021

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    Algorithmic Cultures: A Missing Link of Spatial Citizenship Education. GI_Forum|GI_Forum 2021, Volume 2|

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    This article addresses the current challenges for geographical educational science brought about by algorithmic cultures. It argues from different theoretical perspectives. First, we discuss sociological, cultural and geographical perspectives on algorithmic cultures and link them to selected approaches of media education in general and geographical media education in particular. We conclude from the discussion that Spatial Citizenship Education is especially suitable to address the challenges. This leads to the question of what aspects of Spatial Citizenship Education need to be supplemented to address algorithmic cultures. We therefore examined the curriculum of Spatial Citizenship Education. The analysis demonstrated that the approach is a sound basis for coping with the developments seen in the context of algorithmic cultures. Nevertheless, algorithmic cultures are accompanied by some changes in social and geographical structures that have not yet been captured by the approach. For example, there is no consideration of geomedia as algorithmic, semi-autonomous systems. Further implications also emerge. In this context, the investigation into the practicability and relevance of algorithmic cultures for the practical learning process is of particular interest

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    Elektronisches Publikationsportal der Österreichischen Akademie der Wissenschaften is based in Austria
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