Germany
place · 16 works · 32 mentions · 42 anchored passages
German · German legal systems · Germanic countries · Germanic land-system · Romano-German empire · modern Roman law in Germany · the German Empire · the Germanic countries · the fiercest nations
in the texts
An Essay on the Trial by Jury
Territory ruled by Emperor Conrad, whose charter is cited as a parallel to Magna Carta.
If these reasons could leave any doubt that the word per is to be translated according to, that doubt would be removed by the terms of an antecedent guaranty for the trial by jury, granted by the Emperor Conrad, of Germany,* two hundred years before Magna Carta.
In Germany “It was the business of the great to command in war, and in peace they distributed justice.
* The particular districts over which they exerted their authority were marked out in Germany by the council of the state;
An Essay on Crimes and Punishments
German lands, cited both as the origin of the punishment of the wheel and later as a modern example of religious toleration.
Would you prevent a sect from overturning the state, imitate the present wise conduct of England, of Germany, of Holland;
The punishment of the wheel was first introduced in Germany in the times of anarchy, when those who usurped the regal power resolved to terrify, with unheard-of torments, those who should dispute their authority.
It is also practised in Germany, and in most parts of the north.
Institutes of Roman Law
Referenced as the jurisdiction where, before the new civil code, modern Roman law treated pactum as always clothed with validity.
We find on the contrary in modern Roman law, as it was in force in parts of Germany before the new civil code was enacted, pactum treated as if it had been accompanied by Stipulation, that is, as having the validity given by Form—in other words, no pacta are nuda, all are vestita—and so agreements are enforceable irrespectively of their part-execution:
In Germany in a.
in France property in goods passes by contract of sale, in Germany by tradition.
Ancient Law
Referenced as another country with fragmented legal traditions, comparable to France.
In Germany it did exist, but was too much in harmony with the deep political and religious divisions of the country to be lamented or even felt.
Beginning in Germany, it divided the princes of the empire by a gulf too broad to be bridged over by the Imperial supremacy, even if the Imperial superior had stood neutral.
But before long, when the actual sphere of imperial authority had immensely contracted, and when the emperors had concentrated the scanty remains of their power upon Germany and North Italy, the highest feudal superiors in all the outlying portions of the former Carlovingian empire found themselves practically without a supreme head.
Lectures on the Early History of Institutions
Region whose Mark land-system and ecclesiastical land grants serve as recurring comparanda.
Even when no such division was made, a well-known relic of the Mark-system, as it showed itself in Germany and England, was occasionally found:
and it is well known that, in the Germanic countries, their ecclesiastical societies were among the earliest and largest grantees of public or ‘folk’ land (Stubbs, ‘Constitutional History,’ vol.
But if the account is in any degree correct, all who have attended to this class of subjects will observe at once that the elements of what we are accustomed to consider the specially Germanic land-system are present in the territorial arrangements of the Irish tribe.
The Rights of War and Peace
Region whose princes are cited as an example of qualified sovereign embassy rights.
The Princes of Germany, who were in some respects subject to the Emperor, as their head, being Sovereign Princes possessed the right of sending ambassadors to foreign states.
One cannot but admire the character, which Tacitus has drawn of the Chauci, a noble and high-spirited people of Germany, “Who, he says, were desirous of maintaining their greatness by justice, rather than by acts of ungovernable rapacity and ambition—provoking no wars, invading no countries, spoiling no neighbours to aggrandize themselves,—yet, when necessity prompted, able to raise men with arms …
And Germanicus Caesar, according to the account of Tacitus, laid waste whole cantons of the Marsians, a people of Germany, with fire and sword, to which the historian adds, “without sparing either age or sex.
Dissertations on Early Law and Custom
Country cited for the forfeiture of hereditary dignities upon marriage beyond social limits.
But in Germany certain hereditary dignities are still forfeited by a marriage beyond the forbidden limits;
In some of the Germanic countries there was long a disinclination to adopt these expedients;
The Constitutional Documents of the Puritan Revolution, 1625–1660
Germany, whose ports and territory the King fears will fall to the common enemy, threatening England's cloth trade and shipping supplies.
whom in honour and in reason of State we may not desert, but by the advice of our Council are resolved to assist him presently with men and money, we evidently foreseeing that otherwise our common enemy will in an instant become master of all Germany, and consequently of all the ports and parts where the mass and bulk of our cloth is vented, and whence we must furnish ourselves of provision for ou …
and therefore at the first sitting down of it we declared the miserable afflicted estate of those of the reformed religion, in Germany, France, and other parts of Christendom;
Their victorious and successful enterprises, whereby the Churches of Germany, France, and other places, are in a great part already ruined, and the rest in the most weak and miserable condition.
Lectures on the Relation between Law and Public Opinion in England
Country cited as an example of national unification whose consequences (standing armies, dismemberment of France) disappointed English constitutionalist hopes.
Germany has for the first time become a united and powerful State.
Commercial Crises of the Nineteenth Century
Country cited as comparator: after the victories of 1870 Germany suffered a more serious economic shock than France, paralleling England's experience after 1815
in much the same way that Germany, after the victories of 1870, underwent a more serious shock than France, and the £200,000,000 of indemnity proved for the time, at any rate, rather a curse than a blessing to her people.
History of Modern Philosophy from Nicolas of Cusa to the Present Time
The nation that achieved philosophical hegemony in modern times through Kant and Leibniz.
GERMAN PHILOSOPHY SINCE THE DEATH OF HEGEL
From the Division of the Hegelian School to the Materialistic Controversy 2.
France gives the initiative (in Descartes), then England assumes the leadership (in Locke), with Leibnitz and Kant the hegemony passes over to Germany.
Consolation to Polybius
Region campaigned in by Drusus and later hoped to be pacified by Caesar.
May he bring peace to Germany, open up Britain, and lead both his father's triumphs and new ones;
Tiberius Caesar, my uncle, lost Drusus Germanicus, my father, a brother younger than himself, while he was laying open the heart of Germany and bringing the fiercest nations under the Roman empire—lost him in his very embrace, and amid his kisses.
Letters to Lucilius
A region cited as a hypothetical birthplace whose martial culture would train a boy to wield the spear.
if in Germany, straightway as a boy he would brandish the slender spear;
The Genius of the Common Law
Site of the newly created German Civil Code, described as a composite and original body of law expected to influence neighbouring lands.
Recently a new body of law has come into being in Germany, which resembles ours in being both composite and original, but differs from it in being the product of a systematic design deliberately worked out with the best learning and skill available.
Magna Carta: A Commentary on the Great Charter of King John
Continental country cited both as a site of Magna Carta scholarship and as a comparison case for feudal monarchy.
In other parts of Europe—in Germany, France, and Italy, as in Scotland—the ablest monarchs found their thrones endangered by this feudal current.
Monographs and contributions to periodical literature, devoted exclusively to Magna Carta, have been published in France, Germany and the United States of America, as well as in Great Britain;
Law in a Free State
Foreign power whose diplomatic pressure and domestic politics are discussed in connection with English policy toward socialists.
Those who condemn it are logically bound to condemn the whole course of legislation promoted of late years by the neo-radicals of this country, and the National Liberals of Germany.
It will be remembered that some years ago, when this nation was meekly turning the right cheek to Germany after receiving some sharp slaps on the left, a most unprovoked raid was made by the police on a harmless foreigners' club near Tottenham Court Road;