Landrecht
Encyclopedia
Landrecht, Allgemeines Landrecht, or General state laws for the Prussian states (in German Allgemeines Landrecht für die Preußischen Staaten, often abbreviated to ALR), was an important civil code
of Prussia
, promulgated in 1794 and codified by Carl Gottlieb Svarez
and Ernst Ferdinand Klein
, under the orders of Frederick II
. The code had over 19,000 articles, and covered fields of civil law
, penal law
, family law
, public law
, administrative law
etc.
wanted to create a uniform set of laws, but it was not started until Frederick II. Frederick's idea was not only to create a unified set of laws, but to make them clear and eliminate possible manipulations by different interpretation. A previous attempt, Project eines Corporis Juris Fridericiani (1749–51), by Samuel von Cocceji, proved unsuccessful.
The first version was called the General Code for the Prussian states . The general state laws for the Prussian states were finally codified in 1794 by mainly Svarez and Klein, who were under the orders of Frederick II
.
and imprecise language, making it hard to properly understand and use in practice.
After the second partition of Poland, it was promulgated on the annexed territories as subsidiary law, intended to accelerate the process of their integration with Prussia
.
The Landrecht was a typical example of a law of the transition period between feudalism
and capitalism
, where old institutions of feudal law (ordinations, separate property, class divisions, nobility privileges, subjection of peasants) existed alongside modern ones (definition of property).
The Landrecht stopped functioning after the system was reformed (Stein-Hardenberg) and the feudal remnants were removed.
Civil code
A civil code is a systematic collection of laws designed to comprehensively deal with the core areas of private law. A jurisdiction that has a civil code generally also has a code of civil procedure...
of Prussia
Prussia
Prussia was a German kingdom and historic state originating out of the Duchy of Prussia and the Margraviate of Brandenburg. For centuries, the House of Hohenzollern ruled Prussia, successfully expanding its size by way of an unusually well-organized and effective army. Prussia shaped the history...
, promulgated in 1794 and codified by Carl Gottlieb Svarez
Carl Gottlieb Svarez
Carl Gottlieb Svarez, originally Schwartz was a Prussian jurist and reformer who worked on the Landrecht.- Bibliography :* Adolf Stölzel, Carl Gottlieb Svarez, Berlin 1885...
and Ernst Ferdinand Klein
Ernst Ferdinand Klein
Ernst Ferdinand Klein was a German jurist and prominent representative of the Berlin Enlightenment.-Career:...
, under the orders of Frederick II
Frederick II of Prussia
Frederick II was a King in Prussia and a King of Prussia from the Hohenzollern dynasty. In his role as a prince-elector of the Holy Roman Empire, he was also Elector of Brandenburg. He was in personal union the sovereign prince of the Principality of Neuchâtel...
. The code had over 19,000 articles, and covered fields of civil law
Civil law (area)
Civil law in continental law is a branch of law which is the general part of private law.The basis for civil law lies in a civil code. Before enacting of codes, civil law could not be distinguished from private law...
, penal law
Penal law
In the most general sense, penal is the body of laws that are enforced by the State in its own name and impose penalties for their violation, as opposed to civil law that seeks to redress private wrongs...
, family law
Family law
Family law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...
, public law
Public law
Public law is a theory of law governing the relationship between individuals and the state. Under this theory, constitutional law, administrative law and criminal law are sub-divisions of public law...
, administrative law
Administrative law
Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law...
etc.
Development
Frederick I of PrussiaFrederick I of Prussia
Frederick I , of the Hohenzollern dynasty, was Elector of Brandenburg and Duke of Prussia in personal union . The latter function he upgraded to royalty, becoming the first King in Prussia . From 1707 he was in personal union the sovereign prince of the Principality of Neuchâtel...
wanted to create a uniform set of laws, but it was not started until Frederick II. Frederick's idea was not only to create a unified set of laws, but to make them clear and eliminate possible manipulations by different interpretation. A previous attempt, Project eines Corporis Juris Fridericiani (1749–51), by Samuel von Cocceji, proved unsuccessful.
The first version was called the General Code for the Prussian states . The general state laws for the Prussian states were finally codified in 1794 by mainly Svarez and Klein, who were under the orders of Frederick II
Frederick II of Prussia
Frederick II was a King in Prussia and a King of Prussia from the Hohenzollern dynasty. In his role as a prince-elector of the Holy Roman Empire, he was also Elector of Brandenburg. He was in personal union the sovereign prince of the Principality of Neuchâtel...
.
Usage
The interpretations of the code's usage are contradictory; some interpret the laws as well known for being simple to read and interpret, without much abstract, being rather an every-day regulating laws, but others point out that while the code was written in German, it used an incredibly casuisticCasuistry
In applied ethics, casuistry is case-based reasoning. Casuistry is used in juridical and ethical discussions of law and ethics, and often is a critique of principle- or rule-based reasoning...
and imprecise language, making it hard to properly understand and use in practice.
After the second partition of Poland, it was promulgated on the annexed territories as subsidiary law, intended to accelerate the process of their integration with Prussia
Prussia
Prussia was a German kingdom and historic state originating out of the Duchy of Prussia and the Margraviate of Brandenburg. For centuries, the House of Hohenzollern ruled Prussia, successfully expanding its size by way of an unusually well-organized and effective army. Prussia shaped the history...
.
The Landrecht was a typical example of a law of the transition period between feudalism
Feudalism
Feudalism was a set of legal and military customs in medieval Europe that flourished between the 9th and 15th centuries, which, broadly defined, was a system for ordering society around relationships derived from the holding of land in exchange for service or labour.Although derived from the...
and capitalism
Capitalism
Capitalism is an economic system that became dominant in the Western world following the demise of feudalism. There is no consensus on the precise definition nor on how the term should be used as a historical category...
, where old institutions of feudal law (ordinations, separate property, class divisions, nobility privileges, subjection of peasants) existed alongside modern ones (definition of property).
The Landrecht stopped functioning after the system was reformed (Stein-Hardenberg) and the feudal remnants were removed.