Austrian Academy of Sciences
Elektronisches Publikationsportal der Ãsterreichischen Akademie der WissenschaftenNot a member yet
51095 research outputs found
Sort by
„Herkommen“ als staatsrechtlicher Begriff zwischen System und Praxis. Theodor Mommsen versus Wolfgang Kunkel. Beiträge zur Rechtsgeschichte Österreichs|Beiträge zur Rechtsgeschichte Österreichs Band 2 / 2020|
No full textThe German terminus “Herkommen” stands for prolonged practice and is used frequently in the “Römisches Staatsrecht” by Theodor Mommsen. Wolfgang Kunkel is the author of one of the most extensive revisions of Mommsen’s systematic approach. He uses the term as a key concept in his attempt to redraw the Constitutional Law of the Roman Republic and understands it clearly in the sense of Customary Law. Referring to Mommsen’s work, Kunkel states that in reading the “Römisches Staatsrecht” he never encountered the concept of “Herkommen” in the sense of a source of law. The paper shows how Kunkel, from a realistic perspective, builds up the Roman institutions out of the political practice during the Republic. Based on some specific cases, the paper compares the different ways of evaluating ancient text represented by Kunkel and Mommsen and examines their different approaches to the institutions of the Roman Republic
Die Diskussion um Kompetenzen in den Federalist Papers. Beiträge zur Rechtsgeschichte Österreichs|Beiträge zur Rechtsgeschichte Österreichs Band 2 / 2021|
No full textPublius’ vigorous argument for a “more perfect union“ was backed by a deeply sensed fear of the human vices and their potential for the destruction of the polity. Hence, the often admired system of checks and balances as well as the distribution of competences is heavily biased in order to establish a compromise between stability and liberty and to safeguard a (true) republican government with, for and against the people
Guge Kingdom-Period Murals in the Zhag Grotto in mNga’ ris, Western Tibet. Veröffentlichungen zur Sozialanthropologie|Early West Tibetan Buddhist Monuments Veröffentlichungen zur Sozialanthropologie 29|
No full textZahajkevyč (Zahajkiewicz, Zahajkewycz), Volodymyr (Wołodymyr) Viktorovyč
No full text(1876 - 1949), Politiker und Juris
The Resolution of Boundary Disputes between the Habsburgs and the Venetians in Istria by the Arbitral Decision of 1535. Beiträge zur Rechtsgeschichte Österreichs|Beiträge zur Rechtsgeschichte Österreichs Band 2 / 2020|
No full textThe Habsburgs’ estates and the Venetian communes had a long boundary in northern Italy and Istria. Because of the specific circumstances in which the inter‐state boundary was formed, it was constantly plagued by uncertainties and misunderstandings, which often resulted in local hostilities and violence. The escalation of boundary problems occurred at the beginning of the 16th century, simultaneously with the formation of the League of Cambrai and the war between its allies and Venice. The war incited the two political powers (and disputants) to search for a means of resolving the boundary disputes peacefully. For this, arbitration was arranged between them in Trento (Trident) in 1535, of which several archival sources have been preserved. The paper analyses the Trento Agreement of 1535 according to the manuscripts in the state archives in Venice and Vienna as well as some other fragmentary texts on local arbitration following the model of Trento. The author specifically examines arbitrations in which the boundary disputes were resolved in Istria
Vom Nationalitätenministerium bis zur Vertreibung. Die rechtshistorische Aufarbeitung der Ungarndeutschen in der ersten Hälfte des 20. Jahrhunderts. Beiträge zur Rechtsgeschichte Österreichs|Beiträge zur Rechtsgeschichte Österreichs Band 2 / 2020|
No full textThe topic of this article is the history of the German minority in Hungary in the first half of 20th century from the point of view of the legal history. After the First World War, Hungary became a nation state, in which the approximately half a million Danube Swabians were the biggest minority. Directly after the First World War, Hungary tried to implement another minority policy than at the time of the Austro‐Hungarian Monarchy, and concepts of autonomy were made. This period ended after the peace treaty of Trianon, and the so‐called Horthy regime was characterised by the return to the traditions of the period of the dual monarchy. This changed before the Second World War, as Nazi Germany made the German minorities abroad an instrument of its politics. The Germans founded the Volksbund, a national‐socialistic oriented ethnic organisation, Germans got cultural autonomy but were forced to enlist in the German armed forces. After the Second World War, the deprivation of rights of the Germans begun: in 1945–1946, 60,000 were transported to the Soviet Union for forced labour; in 1946–1948 approximately 166,000 were forced to leave Hungary, and the 200,000 left in Hungary had no citizens’ rights at all
