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===Overview=== | ===Overview=== | ||
In ancient times the jurisprudence in Schleswig-Holstein was not unified. It was based mainly on common law (not written down) with emphasis on regional interpretations in jugdement done by the people and the administrators in charge. In Neumünster the law was differently interpreted than it was in Schleswig or Lübeck, for instance. These differentiations have their basis in the political, economic, military and social history of Schleswig-Holstein, as parts of the country came under different rule at different times. When the attempt was made to issue written rules regarding jurisprudence, | In ancient times the jurisprudence in Schleswig-Holstein was not unified. It was based mainly on common law (not written down) with emphasis on regional interpretations in jugdement done by the people and the administrators in charge. In Neumünster the law was differently interpreted than it was in Schleswig or Lübeck, for instance. These differentiations have their basis in the political, economic, military and social history of Schleswig-Holstein, as parts of the country came under different rule at different times. When the attempt was made to issue written rules regarding jurisprudence, various aspects of regional laws were integrated. | ||
'''Jütisches Recht-''' It was the written law of the Danish Kingdom and was valid until 1683. | '''Jütisches Recht-''' It was the written law of the Danish Kingdom and was valid until 1683. | ||
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Even to this day, there are some aspects of the Jütish law which take precedence over the German BGB (federal law) i.e., regarding Lehen und Stammgüter (fiefs), Erbpachtrecht (laws re.fee-farms), Anerbenrecht (inheritances by law of entail), Wasserrecht (water rights), Deichrecht (dike rights), Jagdrecht (hunting rights), Zwangs- und Bannrecht (jurisdiction rights) as well as Haftung des Staates und der Gemeinden (liability of state and communities). See http://de.wikipedia.org/wiki/J%C3%BCtisches_Recht | Even to this day, there are some aspects of the Jütish law which take precedence over the German BGB (federal law) i.e., regarding Lehen und Stammgüter (fiefs), Erbpachtrecht (laws re.fee-farms), Anerbenrecht (inheritances by law of entail), Wasserrecht (water rights), Deichrecht (dike rights), Jagdrecht (hunting rights), Zwangs- und Bannrecht (jurisdiction rights) as well as Haftung des Staates und der Gemeinden (liability of state and communities). See http://de.wikipedia.org/wiki/J%C3%BCtisches_Recht | ||
'''Holstenrecht -''' A criminal and civil law (unwritten) in the tradition of the Germanic laws. With time parts of the newer Saxon laws (Sachsenspiegel) were integrated. Jurisdiction was built on parishes. In some villages of the Wilster- and Kremper marsh areas, earls exercised jurisprudence according to the Hollisch Recht. Additionally, in all Holstein cities the Lübische Recht was administered. The monestaries and the manor lords exercised their own interpretations of the law. | '''Holstenrecht -''' A criminal and civil law (unwritten) in the tradition of the Germanic laws. With time parts of the newer Saxon laws (Sachsenspiegel) were integrated. Jurisdiction was built on parishes. In some villages of the Wilster- and Kremper marsh areas, earls exercised jurisprudence according to the Hollisch Recht. Additionally, in all Holstein cities the Lübische Recht was administered. The monestaries and the manor lords exercised their own interpretations of the law. The adoption of the Roman Law began in the 1500s. In the 19th century some alterations were passed due to the dissolvement of the German Empire (1806). In 1834 new administrative and judicial structures occurred and in 1866 the entire system was restructered. See: http://.schleswig-holstein.de/LGITZEHOE/DE/Historisches/Historisches_node.html | ||
'''Lübisches Recht -''' | '''Lübisches Recht -''' | ||