!!!Rechtswissenschaft

Legal Sciences: The development of the Austrian system of law and 
consequently of the legal sciences in Austria has not been confined to 
present Austrian territory, and should therefore be seen in a European 
context. It has always been characterised by an exchange of ideas and 
personalities in both directions. These relations were particularly 
strong until the end of the 18%%sup th/%  century as jurists all over 
Europe used Latein as their common language. Also, Roman common law 
was generally applied, even though it was only subsidiary law. In the 
period of enlightened despotism (  Absolutism )legal studies in the 
countries of the Habsburg monarchy developed a specifically Austrian 
character. This development was promoted by an increasing sense of 
national identity and the desire for more independence from the Holy 
Roman Empire. The mid-18%%sup th/%  century saw the first efforts of 
codification which, after some problems, led to the creation of 
"national" codes of law (Austria, Bavaria, Prussia etc.). 
Even though this development meant that the former common legal basis, 
the "ius commune Europaeum", was becoming obsolete, Austrian 
legal studies did not actually become completely isolated from the 
rest of Europe. Relations and influences in the field of legal 
sciences remained intact, particularly with the countries of the 
Empire (which had existed until 1806), that were dominated by the 
German Confederation 1815-1866. National and international politics 
also played an important part in this development. A particularly 
drastic example was provided by the changes in methods and personnel 
caused by the university reforms of the k. k. Minister for 
Culture and Education, Count L.  Thun-Hohenstein from 1855 on. An 
additional dimension of Austrian legal studies was added by the 
organisational structure of the Monarchy in that studies of Austrian 
law in various parts of the realm were influenced by the use of the 
Italian language in Italy, Czech in Bohemia, and Polish in Galicia. 
They did, however, remain under the influence of German-language law 
teaching, judicature and legislation. Scholarly exchanges and 
interrelations with Hungarian legal studies remained scarce, at least 
on the surface, since Hungary jealously guarded its independence in 
legal thought.

\\
Austria´s transition to a republic had little qualitative effect 
on legal sciences. Relations with Germany, Switzerland and 
Liechtenstein, countries which shared with Austria the use of the 
German language in codification (ABGB Austrian civil code (1812), BGB 
German civil code (1900), ZGB Swiss civil code (1912)), remained 
close. Today this connection has lost almost all significance. It 
remains to be seen if and to what extent these former similarities 
will influence future (European) legislation and what part 
Austria´s legislation and legal sciences will play in the 
context.

\\
While the Middle Ages were dominated by so-called "clerical 
jurists", e.g.  Nikolaus von Cues and T.  Ebendorfer, early 
modern times saw an increasing number of secular law scholars. They 
served in imperial, sovereign, corporate and municipal bodies and 
authorities and applied both Roman common law and national law. 
Amongst them can be found the "Father of Austrian 
jurisprudence", B. Walther, and J. B. Suttinger, N. 
Beckmann, W. Puedler and A. Schwarz. The rise of natural law in the 
18%%sup th/%  century brought about a marked turning point in Austrian 
legal sciences, initially represented by F. Schmier, J. A.  
Riegger and J. von Azzoni, later also by C. A. von 
Martini and F. von  Zeiller etc. J. von  Sonnenfels 
popularized cameralistics and can be regarded as the first 
"administrative lawyer".

\\
The efforts at codification, culminating in the late stages of natural 
law, provided new impulses for Austrian legal sciences, dominated by 
the formulation of new codes of law. Law scholars such as J. L. 
Banniza, G. von Scheidlein, M. Schuster, C. J. Pratobevera 
and O. Taglioni, the most prominent representative of the so-called 
Milanese school of codes of civil law, were engaged in this 
development.

\\
The university reform introduced by Count Thun in 1855 once more 
brought about a change in the direction of Austrian legal sciences. 
While Zeiller (1810) had introduced studies based on natural law, Thun 
favoured a historic basis for political reasons. The new school was 
spearheaded by J.  Unger and soon attracted other experts such as A.  
Exner and A. von Randa, followed by L. Pfaff and F. Hofmann. 
Along with civil law studies other branches also started to develop, 
e.g. the history of law (e.g. E. v. Schwind, L. Mitteis), 
criminal law (e.g. W. E. Walberg, M. Lammasch) and, above all, 
public law (e.g. Edmund  Bernatzik, R. Herrmann-Herrnritt). The 
development of constitutional principles from 1867, the changing 
relations with Hungary and the activities of courts of public law drew 
more and more attention to the increasing problems in the Habsburg 
multinational state. New directions in legal sciences emerged; most 
important among them was the "Reine Rechtslehre" (Pure 
Jurisprudence) of H.  Kelsen. Under the name of Vienna school of the 
theory of law (J. Merkl) it has remained popular until today, not only 
in Austria but also abroad. At the same time (at the turn of the 
century at the latest) social issues became an important factor in 
legal sciences. Not only outspoken critics of positive law, such as A. 
Menger, figured in this development but above all F.  Klein, who saw 
civil action as a social phenomenon and put it under appropriate 
legislation.

\\
The sociology of law, represented by E.  Ehrlich, attacked some of the 
biases of positive law. Other renowned law teachers in modern times 
were A. Verdross, H.  Demelius, H. Schima, T.  Rittler, H. Nowakowsky, 
A.  Ehrenzweig and W. Wilburg.

!Literature
W. Brauneder (ed.), Juristen in Oesterreich, 1987; H. 
Lentze, Die Universitaets-Reform des Ministers Graf Leo 
Thun-Hohenstein, 1962; W. Ogris, Die Historische Schule der 
oesterreichischen Zivilistik, in: Festschrift H. Lentze 1969; idem, 
200 Jahre Rechtswissenschaft an der Universitaet Wien, in: 200 Jahre 
Rechtsleben in Wien 1986.


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