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Results in Journal Beiträge zur Rechtsgeschichte Österreichs: 338

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Thomas Olechowski
Beiträge zur Rechtsgeschichte Österreichs, Volume 1, pp 5-6; https://doi.org/10.1553/brgoe2021-1s5

Carmen Kleinszig
Beiträge zur Rechtsgeschichte Österreichs, Volume 1, pp 30-44; https://doi.org/10.1553/brgoe2020-1s30

Abstract:
While the details of the rise of the national socialists of Hitlerʹs NSDAP in Germany are widely known, the ideological roots of this movement and its origin in the Austro‐Hungarian empire are often left undiscussed. This paper focuses on the ideological development of what later would become the national socialist party of Austria and the relation of this party to Hitler’s NSDAP and the Czechoslovakian national socialists.
Beiträge zur Rechtsgeschichte Österreichs, Volume 1, pp 5-18; https://doi.org/10.1553/brgoe2020-1s5

Abstract:
At the meeting of the Hungarian Lawyersʹ Association on 9 January 1889, the renowned Hungarian scholar of criminal law and judge, Károly Csemegi, emphasized the close relationship between judicial, especially disciplinary, responsibility and judicial independence. He argued that the Judicial Disciplinary Act could not be anything other than an extended version, ʺa corollary of judicial independenceʺ. In April 1699, Henri François dʹAguesseau (1668‐1751), attorney general of the Parliament of Paris, stipulated that the first duty of the judge must be to administer justice and the second to preserve his dignity, respect himself and venerate ʺthe holiness of his officeʺ. The preservation of the dignity, integrity and respect of judges is inconceivable if the judge abuses his powers, neglects his judicial duties or even violates them. A strong, well‐educated and independent judiciary can function only if the legislature lays down the rules of accountability. Until the middle of the 19th century, the general provisions on the responsibility of state or administrative officials in Hungary also applied to members of the judiciary.
Laura R. Rathmanner
Beiträge zur Rechtsgeschichte Österreichs, Volume 1, pp 87-123; https://doi.org/10.1553/brgoe2020-1s87

Abstract:
Within the framework of the Paris Peace Treaties after World War I, a structure of various international bodies was created in order to implement numerous provisions. For the most part, their significance and their activities in the interwar period have receded into the background, especially concerning the lesser known parts of the Peace Treaties. Therefore, this contribution aims to provide an overview of the bodies linked to the Austrian Peace Treaty, the Treaty of St. Germain, showing their diversity regarding their significance, legal nature and legal basis, composition, scope of functions, duration and their relations with the Austrian Republic.
Urs Fasel
Beiträge zur Rechtsgeschichte Österreichs, Volume 1, pp 19-29; https://doi.org/10.1553/brgoe2020-1s19

Abstract:
Stooss brought Eugen Huber back from Halle an der Saale to Berne, where Huber dethroned him both as a law maker (ZGB versus StGB) and as a teacher. Nevertheless, Stooss made great efforts to secure a chair for Huber at the University of Vienna, where he had studied under Jhering. However, Huber declined the offer based on very meticulous deliberations. The details of this chain of events as well as Huberʹs thorough rationale are presented here to the public for the first time.
Dietlinde Munzel‐Everling
Beiträge zur Rechtsgeschichte Österreichs, Volume 1, pp 45-60; https://doi.org/10.1553/brgoe2020-1s45

Abstract:
The law books of the 13th and 14th centuries are an important source for research into medieval German law. It is significant that they are partly referred to as ʺKaiserrechtʺ, a secular law derived from the supreme authority, the emperor, and no longer just from custom and tribal law. Whether they actually already contain law established by the emperor will be examined in the present work. The best known law books, the ʺSachsenspiegelʺ and the ʺKaiserliches Land‐ und Lehnrechtsbuchʺ (known as the ʺSchwabenspiegelʺ), are relatively well researched compared to the ʺKleines Kaiserrechtʺ. Its recently published new edition not only presents the complete text of the reference manuscript Corvey, but also underlines the importance of this law book as ʺKaiserrechtʺ, revealing many more legal innovations than previously thought.
Gerald Kohl, Thomas Olechowski, Christian Neschwara, Ilse Reiter‐Zatloukal, Thomas Simon, Miloš Vec
Beiträge zur Rechtsgeschichte Österreichs, Volume 1, pp 157-157; https://doi.org/10.1553/brgoe2020-2s157

Stefan Rastl
Beiträge zur Rechtsgeschichte Österreichs, Volume 1, pp 61-86; https://doi.org/10.1553/brgoe2020-1s61

Abstract:
When the tide turned in favor of the Allies in the Second World War, preparations for the denazification and redemocratization of Europe began as the war progressed. These preparations posed significant challenges for the US authorities, as they had to rely on local people in the liberated areas for administrative tasks in the immediate postwar period. The Office of Strategic Services was commissioned to collect the relevant information to ensure the best possible selection of pro‐democratic individuals. The OSS in turn used a group of Harvard University employees who had opposed the Nazi regime before the United States entered the war and were well networked with the OSS on the one hand and possible academic informants on the other. They worked together on the Biographical Records Project and other intelligence projects that should contribute to the liberation and re‐democratization of Europe.
Thomas Olechowski
Beiträge zur Rechtsgeschichte Österreichs, Volume 1, pp 149-150; https://doi.org/10.1553/brgoe2020-1s149

Abstract:
Kinga BELIZNAI BÓDI, Budapest Die disziplinäre Verantwortlichkeit von Richtern in Ungarn in der zweiten Hälfte des 19. Jahrhunderts, mit einem Überblick über die österreichische Regelung Urs FASEL, Bern Wiener Episode des Schweizer Gesetzesautors Eugen Huber Carmen KLEINSZIG, Wien Vom deutschen Gehilfenverein zur DNSAP Die Entwicklung einer Partei im Überblick Dietlinde MUNZEL‐EVERLING, Wiesbaden Deutsche Rechtsbücher des 13. und 14. Jahrhunderts und ihre Deutung als „Kaiserrecht“ Stefan RASTL, Wien Harvard und das Office of Strategic Services Ein akademischer Beitrag zu einem freien und unabhängigen Österreich Laura R. RATHMANNER, Wien Kommissionen, Ausschüsse, Tribunale: Internationale Einrichtungen im Staatsvertrag von St. Germain Sarah STUTZENSTEIN, Wien Schlussstrich unter die NS‐Verbrechen? Die verdeckte Lösung der Verjährungsfrage in Österreich Tätigkeitsbericht KRGÖ und FRQ in den Jahren 2018 und 2019
Sarah Stutzenstein
Beiträge zur Rechtsgeschichte Österreichs, Volume 1, pp 124-148; https://doi.org/10.1553/brgoe2020-1s124

Abstract:
The timeframe for the prosecution of Nazi crimes was limited in Austria by extinctive prescription. Shortly before the last and most severe crimes became unpunishable in the early 1960s, the Austrian government faced heavy pressure from foreign governments and international organisations as well as groups of former victims and resistance fighters to extend or even abolish the limitation period for the most severe crimes. The measures considered for extending the timeframe for the prosecution of Nazi crimes raised legal questions, especially concerning the principle of non-retroactivity. However, the public, political and even academic debates were closely connected to the popular aim of finally putting an end to the preoccupation with the Austrian population’s participation in the atrocities committed. In the following paper, the Austrian discourse concerning an extension of the limitation period for Nazi crimes, the problem’s solution and its consequences will for the first time be examined from a legal as well as a historical perspective based on primary sources.
Ibolya Murber
Beiträge zur Rechtsgeschichte Österreichs, Volume 1, pp 418-429; https://doi.org/10.1553/brgoe2019-2s418

Abstract:
The peace treaty ending the First World War signed on June 4, 1920 at the Trianon Palace has had the most decisiveand lasting impact on modern Hungary. This study outlines the controversial path of the Kingdom of Hungary fromthe ceasefire in November 1918 to the ratification of the peace treaty. In addition, it discusses the contemporary governmentcommunications and the remembrance of the peace treaty.
Hans-Christof Kraus
Beiträge zur Rechtsgeschichte Österreichs, Volume 1, pp 408-417; https://doi.org/10.1553/brgoe2019-2s408

Abstract:
The Treaty of Versailles of 1919 at first greatly limited the possibilities of German foreign policy, but a little later itsleading figures (Rathenau, Stresemann, von Schubert) found new scope to defend German interests. However, theend of the reparations and the arms restrictions (1932/33) came too late for the Weimar Republic; Hitler was alreadyat the gates of power.
Christian Pippan
Beiträge zur Rechtsgeschichte Österreichs, Volume 1, pp 498-416; https://doi.org/10.1553/brgoe2019-2s498

Abstract:
When considering the contribution of the Paris Peace Conference of 1919 to the development of international law,reference is usually made to the League of Nations and the ILO, whose founding documents formed an integral partof the peace treaties between the Allied and Associated Powers and the former Central Powers. While the creation ofthe League and the ILO indeed ushered in a new era of institutionalized international cooperation and, hence, may beseen as the most spectacular outcome of the Peace Conference from the point of view of international law, the implicationsof the peace settlements for the evolving international legal order do not stop here. Taking the Treaty of St.Germain (the “Austrian Treaty”) as a case in point, it will be shown, for instance, that provisions entailing an explicitattribution of guilt for the war (which was directly linked to the imposition of reparation payments by Austria) maywell be seen as a first step towards the eventual general outlawry of wars of aggression in international law. Likewise,stipulations as to the general prohibition of the use of certain categories of weapons, provisions on the prosecution ofindividuals accused of war crimes before military tribunals of the Allied and Associated Powers, as well as treatyarrangements designed to ensure the protection of national minorities, contributed significantly to the progressivedevelopment of important areas of contemporary international law.
Michael Gehler
Beiträge zur Rechtsgeschichte Österreichs, Volume 1, pp 267-292; https://doi.org/10.1553/brgoe2019-2s267

Abstract:
The disintegrative effects which the Paris Peace Treaties had on Europe should not be underestimated. In the centreof the continent in particular, they established a set of scattered states that resulted from the disintegration of severalimperial orders. The years 1917/18 to 1920 not only reflect lines of development in European, but also in manyareas of world history, as will be illustrated by the examples of the USA, Russia, Japan and China.
Anita Ziegerhofer
Beiträge zur Rechtsgeschichte Österreichs, Volume 1, pp 293-310; https://doi.org/10.1553/brgoe2019-2s293

Abstract:
The Treaty of Versailles was signed on 28 June 1919, the same day on which the League of Nations was founded withthe principal goals of safeguarding world peace and promoting international cooperation. The League of Nations Covenant,which was included in all of the Paris peace treaties, is regarded as the instrument for monitoring these treaties.The Covenant of the International Labour Organization (ILO) is also part of all Paris peace treaties – its primary aimis to promote universal social justice. Whereas the League failed in securing peace, the ILO continues to be an agencyof the UN.
Roumaina Prseshlenova
Beiträge zur Rechtsgeschichte Österreichs, Volume 1, pp 430-443; https://doi.org/10.1553/brgoe2019-2s430

Abstract:
The article offers a brief overview of the preconditions for Bulgaria’s involvement in the First World War on the sideof Germany and Austria-Hungary and for its defeat in 1918. Further, the attempts of the Bulgarian delegation inNeuilly-sur-Seine to achieve a “fair” peace treaty with the Allied and Associated Powers and the motives in supportof the Bulgarian claims are addressed. In the last part, the article contemplates the consequences of the treaty for thecountry’s development in the 1920s as well as the leanings towards a new rapprochement with Germany.
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