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In the aftermath of the Polish-Hungarian Conference held in Cracow in 2007 there has been published the present volume. It is exponential of the cooperation between the legal historians of the Cracow and Pecs Universities. The participants of the Conference discussed at length the topics concerned with the constitutional developments in the Austro-Hungarian empire in the final era of its existence. A series of articles published in the volume are illustrative of the Rechtsstaat tendencies as detectable in the functioning of the Austro-Hungarian administration and the judiciary, and also in the field of Church-State relationships. Against that background there is also discussed the liberalism of the Austro-Hungarian regime in the area of emigration as well as the grass-roots initiative of the Poles in laying the foundations of Polonia restituta at the time when World War I had not yet come to its end. Last but not least, some authors present fairly-individual topics such as the role of the fidei-comissuni in promoting the preservation of cultural legacy in the Hungarian part of the empire, or the survival of Hungarian serfdom tradition in the area of Poland controlled post-war Spisz and Orawa.
A EuropeNow Editor’s Pick A Choice Outstanding Academic Title of the Year “Pieter M. Judson’s book informs and stimulates. If his account of Habsburg achievements, especially in the 18th century, is rather starry-eyed, it is a welcome corrective to the black legend usually presented. Lucid, elegant, full of surprising and illuminating details, it can be warmly recommended to anyone with an interest in modern European history.” —Tim Blanning, Wall Street Journal “This is an engaging reappraisal of the empire whose legacy, a century after its collapse in 1918, still resonates across the nation-states that replaced it in central Europe. Judson rejects conventional depictions of the Habsburg empire as a hopelessly dysfunctional assemblage of squabbling nationalities and stresses its achievements in law, administration, science and the arts.” —Tony Barber, Financial Times “Spectacularly revisionist... Judson argues that...the empire was a force for progress and modernity... This is a bold and refreshing book... Judson does much to destroy the picture of an ossified regime and state.” —A. W. Purdue, Times Higher Education “Judson’s reflections on nations, states and institutions are of broader interest, not least in the current debate on the future of the European Union after Brexit.” —Annabelle Chapman, Prospect
History of the Austrian empire and Austria-Hungary.
The Habsburg Monarchy ruled over approximately one-third of Europe for almost 150 years. Previous books on the Habsburg Empire emphasize its slow decline in the face of the growth of neighboring nation-states. John Deak, instead, argues that the state was not in eternal decline, but actively sought not only to adapt, but also to modernize and build. Deak has spent years mastering the structure and practices of the Austrian public administration and has immersed himself in the minutiae of its codes, reforms, political maneuverings, and culture. He demonstrates how an early modern empire made up of disparate lands connected solely by the feudal ties of a ruling family was transformed into a relatively unitary, modern, semi-centralized bureaucratic continental empire. This process was only derailed by the state of emergency that accompanied the First World War. Consequently, Deak provides the reader with a new appreciation for the evolving architecture of one of Europe's Great Powers in the long nineteenth century.
Otto Brunner contends that prevailing notions of medieval social and constitutional history had been shaped by the nineteenth-century nation state and its "liberal" order. Whereas a sharp distinction between the public and the private might be appropriate to descriptions of contemporary society, such a dichotomy could not be projected back onto the Middle Ages. Focusing particularly on forms of lordship in late medieval Austria, Brunner found neither a "state" in the modern sense nor any distinction between the public and private spheres. Behind the apparent disorder of late medieval political life, however, Brunner discovered a coherent legal and constitutional order rooted in the the rights and obligations of noble lordship. In carefully reconstructing this order, Brunner's study weaves together social, legal, constitutional, and intellectual history.
"The hundred years between the revolutions of 1848 and the population transfers of the mid-twentieth century saw the nationalization of culturally complex societies in East Central Europe. This fact has variously been explained in terms of modernization, state building, and nation-building theories, each of which treats the process of nationalization as something inexorable, a necessary component of modernity. Although more recently social scientists gesture to the contingencies that may shape these larger developments, this structural approach makes scholars far less attentive to the "hard work" (ideological, political, social) undertaken by individuals and groups at every level of society who tried themselves to build "national" societies." "The essays in this volume make us aware of how complex, multi-dimensional and often contradictory this nationalization process in East Central Europe actually was. The authors document attempts and failures by nationalist politicians, organizations, activists, and regimes from 1848 through 1948 to give East-Central Europeans a strong sense of national self-identification. They remind us that only the use of dictatorial powers in the 20th century could actually transform the fantasy of nationalization into a reality, albeit a brutal one."--BOOK JACKET.
A political, cultural, and socioeconomic history of the Habsburg empire, discussing the rise of Habsburg power, its subsequent status and action as a great power, and its dissolution.
Hans Kelsen is commonly associated with legal theory and philosophy of law. Democracy in Its Essence: Hans Kelsen as a Political Thinker instead investigates Kelsen’s democratic theory as it developed between the 1920s and 1950s, which challenged the existence of democracies in many different respects. Kelsen provided a critical reflection on the strengths and problems of living within a democratic system, while also defending it against a series of specific targets: from the Soviet regime and Bolshevism to European Fascisms, from religious-based conceptions of politics to those claiming a perfect identity between capitalism and classical liberal institutions, and chiefly against all those ideologies claiming to possess objective understanding of what true freedom and true democracy signify. By seeking what he defined as the “essence” and “value” of democracy, Kelsen elaborated a pluralist, relativist, constitutional, proceduralist, and liberal theory of representative democracy, characterized by a strong recall to the values of tolerance, responsibility, and respect toward “the other” as well as to the idea of politics as space for compromise. In this book, Sara Lagi reconstructs his political theory as a relevant contribution to the twentieth-century liberal-democratic tradition of thought, while representing a stimulating reflection on the meaning and implication of democracy both as a political system and as a form of co-existence.
Czasopismo obejmuje artykuły i rozprawy naukowe pracowników naukowo-dydaktycznych oraz doktorantów w katedrach historycznoprawnych Uniwersytetu Jagiellońskiego. Zamierzeniem redaktorów i pomysłodawców wydawnictwa było umożliwienie publikacji rezultatów badań z zakresu szeroko pojętej historii prawa, historii państwa oraz historii doktryn politycznych i prawnych.
This book shows how the Austrian Constitution has been shaped and interpreted by the fundamental events in Austria's modern history. At the same time it emphasises the way in which the Constitution establishes a parliamentary system, with additional presidential features, limited, in turn, by Austria's federal structure and the parliaments of nine states. It charts the history and character of the constitution; the political structure; the legislative and executive branches of the federal government; public bodies; jurisdiction and fundamental Rights. This new edition explores the changing political landscape, particularly the development of a more competitive party system. It also looks at the response to COVID and the jurisprudence of the Austrian Constitutional Court in the face of the curtailment of rights in order to curb the pandemic. Offering the trademark combination of clarity of explanation and rigour of analysis that defines the series, this is an excellent guide to a fascinating constitutional structure.