Legal history or the history of law is the study of how law has evolved and why it changed. Legal history is connected to the development of civilisations and is set in the wider context of social history. Among certain jurists and historians of legal process, it has been seen as the recording of the evolution of laws and the technical explanation of how these laws have evolved with the view of better understanding the origins of various legal concepts. Twentieth century historians have viewed legal history in a more contextualised manner more in line with the thinking of social historians, they have looked at legal institutions as complex systems of rules and symbols and have seen these elements interact with society to change, resist or promote certain aspects of civil society. Such legal historians have tended to analyse case histories from the parameters of social science inquiry, using statistical methods, analysing class distinctions among litigants and other players in various legal processes.
By analysing case outcomes, transaction costs, number of settled cases they have begun an analysis of legal institutions, practices and briefs that give us a more complex picture of law and society than the study of jurisprudence, case law and civil codes can achieve. Ancient Egyptian law, dating as far back as 3000 BC, had a civil code, broken into twelve books, it was based on the concept of Ma'at, characterised by tradition, rhetorical speech, social equality and impartiality. By the 22nd century BC, Ur-Nammu, an ancient Sumerian ruler, formulated the first extant law code, consisting of casuistic statements. Around 1760 BC, King Hammurabi further developed Babylonian law, by codifying and inscribing it in stone. Hammurabi placed several copies of his law code throughout the kingdom of Babylon as stelae, for the entire public to see; the most intact copy of these stelae was discovered in the 19th century by British Assyriologists, has since been transliterated and translated into various languages, including English and French.
Ancient Greek has no word for "law" as an abstract concept, retaining instead the distinction between divine law, human decree and custom. Yet Ancient Greek law contained major constitutional innovations in the development of democracy. Ancient India and China represent distinct traditions of law, had independent schools of legal theory and practice; the Arthashastra, dating from the 400 BC, the Manusmriti from 100 BCE were influential treatises in India, texts that were considered authoritative legal guidance. Manu's central philosophy was tolerance and pluralism, was cited across South East Asia, but this Hindu tradition, along with Islamic law, was supplanted by the common law when India became part of the British Empire. Malaysia, Brunei and Hong Kong adopted the common law; the eastern Asia legal tradition reflects a unique blend of secular and religious influences. Japan was the first country to begin modernising its legal system along western lines, by importing bits of the French, but the German Civil Code.
This reflected Germany's status as a rising power in the late nineteenth century. Traditional Chinese law gave way to westernisation towards the final years of the Qing dynasty in the form of six private law codes based on the Japanese model of German law. Today Taiwanese law retains the closest affinity to the codifications from that period, because of the split between Chiang Kai-shek's nationalists, who fled there, Mao Zedong's communists who won control of the mainland in 1949; the current legal infrastructure in the People's Republic of China was influenced by soviet Socialist law, which inflates administrative law at the expense of private law rights. Today, because of rapid industrialisation China has been reforming, at least in terms of economic rights. A new contract code in 1999 represented a turn away from administrative domination. Furthermore, after negotiations lasting fifteen years, in 2001 China joined the World Trade Organization. Yassa of the Mongol Empire The legal history of the Catholic Church is the history of Catholic canon law, the oldest continuously functioning legal system in the West.
Canon law originates much than Roman law but predates the evolution of modern European civil law traditions. The cultural exchange between the secular and ecclesiastical law produced the jus commune and influenced both civil and common law; the history of Latin canon law can be divided into four periods: the jus antiquum, the jus novum, the jus novissimum and the Code of Canon Law. In relation to the Code, history can be divided into the jus novum. Eastern canon law developed separately. In the twentieth century, canon law was comprehensively codified. On 27 May 1917, Pope Benedict XV codified the 1917 Code of Canon Law. John XIII, together with his intention to call the Second Vatican Council, announced his intention to reform canon law, which culminated in the 1983 Code of Canon Law, promulgated by John Paul II on 25 January 1983. John Paul II brought to a close the long process of codifying the legal elements common to all 23 sui juris Eastern Catholic Churches on 18 October 1990 by promulgating the Code of Canons of the Eastern Churches.
One of the major legal systems developed during the Middle Ages was Islamic jurisprudence. A number of important legal institutions were developed by Islamic jurists during the classical period of Islamic law and jurisprudence
The French Revolution was a period of far-reaching social and political upheaval in France and its colonies beginning in 1789. The Revolution overthrew the monarchy, established a republic, catalyzed violent periods of political turmoil, culminated in a dictatorship under Napoleon who brought many of its principles to areas he conquered in Western Europe and beyond. Inspired by liberal and radical ideas, the Revolution profoundly altered the course of modern history, triggering the global decline of absolute monarchies while replacing them with republics and liberal democracies. Through the Revolutionary Wars, it unleashed a wave of global conflicts that extended from the Caribbean to the Middle East. Historians regard the Revolution as one of the most important events in human history; the causes of the French Revolution are still debated among historians. Following the Seven Years' War and the American Revolution, the French government was in debt, it attempted to restore its financial status through unpopular taxation schemes, which were regressive.
Leading up to the Revolution, years of bad harvests worsened by deregulation of the grain industry and environmental problems inflamed popular resentment of the privileges enjoyed by the aristocracy and the Catholic clergy of the established church. Some historians hold something similar to what Thomas Jefferson proclaimed: that France had "been awakened by our Revolution." Demands for change were formulated in terms of Enlightenment ideals and contributed to the convocation of the Estates General in May 1789. During the first year of the Revolution, members of the Third Estate took control, the Bastille was attacked in July, the Declaration of the Rights of Man and of the Citizen was passed in August, the Women's March on Versailles forced the royal court back to Paris in October. A central event of the first stage, in August 1789, was the abolition of feudalism and the old rules and privileges left over from the Ancien Régime; the next few years featured political struggles between various liberal assemblies and right-wing supporters of the monarchy intent on thwarting major reforms.
The Republic was proclaimed in September 1792 after the French victory at Valmy. In a momentous event that led to international condemnation, Louis XVI was executed in January 1793. External threats shaped the course of the Revolution; the Revolutionary Wars beginning in 1792 featured French victories that facilitated the conquest of the Italian Peninsula, the Low Countries and most territories west of the Rhine – achievements that had eluded previous French governments for centuries. Internally, popular agitation radicalised the Revolution culminating in the rise of Maximilien Robespierre and the Jacobins; the dictatorship imposed by the Committee of Public Safety during the Reign of Terror, from 1793 until 1794, established price controls on food and other items, abolished slavery in French colonies abroad, de-established the Catholic church and created a secular Republican calendar, religious leaders were expelled, the borders of the new republic were secured from its enemies. After the Thermidorian Reaction, an executive council known as the Directory assumed control of the French state in 1795.
They suspended elections, repudiated debts, persecuted the Catholic clergy, made significant military conquests abroad. Dogged by charges of corruption, the Directory collapsed in a coup led by Napoleon Bonaparte in 1799. Napoleon, who became the hero of the Revolution through his popular military campaigns, established the Consulate and the First Empire, setting the stage for a wider array of global conflicts in the Napoleonic Wars; the modern era has unfolded in the shadow of the French Revolution. All future revolutionary movements looked back to the Revolution as their predecessor, its central phrases and cultural symbols, such as La Marseillaise and Liberté, fraternité, égalité, ou la mort, became the clarion call for other major upheavals in modern history, including the Russian Revolution over a century later. The values and institutions of the Revolution dominate French politics to this day; the Revolution resulted in the suppression of the feudal system, emancipation of the individual, a greater division of landed property, abolition of the privileges of noble birth, nominal establishment of equality among men.
The French Revolution differed from other revolutions in being not only national, for it intended to benefit all humanity. Globally, the Revolution accelerated the rise of democracies, it became the focal point for the development of most modern political ideologies, leading to the spread of liberalism, radicalism and secularism, among many others. The Revolution witnessed the birth of total war by organising the resources of France and the lives of its citizens towards the objective of military conquest; some of its central documents, such as the Declaration of the Rights of Man and of the Citizen, continued to inspire movements for abolitionism and universal suffrage in the next century. Historians have pointed to many events and factors within the Ancien Régime that led to the Revolution. Rising social and economic inequality, new political ideas emerging from the Enlightenment, economic mismanagement, environmental factors leading to agricultural failure, unmanageable national debt, political mismanagement on the part of King Louis XVI have all been cited as laying the groundwork for the Revolution.
Over the course of the 18th century, there emerged what the philosopher Jürgen Habermas called the idea of the "public sphere" in France and elsewhere
Bern or Berne is the de facto capital of Switzerland, referred to by the Swiss as their "federal city", in German Bundesstadt, French Ville Fédérale, Italian Città Federale. With a population of 142,493, Bern is the fifth-most populous city in Switzerland; the Bern agglomeration, which includes 36 municipalities, had a population of 406,900 in 2014. The metropolitan area had a population of 660,000 in 2000. Bern is the capital of the canton of Bern, the second-most populous of Switzerland's cantons; the official language in Bern is German, but the most-spoken language is an Alemannic Swiss German dialect, Bernese German. In 1983, the historic old town in the centre of Bern became a UNESCO World Heritage Site; the etymology of the name "Bern" is uncertain. According to the local legend, based on folk etymology, Berchtold V, Duke of Zähringen, the founder of the city of Bern, vowed to name the city after the first animal he met on the hunt, this turned out to be a bear, it has long been considered that the city was named after the Italian city of Verona, which at the time was known as Bern in Middle High German.
As a result of the finding of the Bern zinc tablet in the 1980s, it is now more common to assume that the city was named after a pre-existing toponym of Celtic origin *berna "cleft". The bear was the heraldic animal of the coat of arms of Bern from at least the 1220s; the earliest reference to the keeping of live bears in the Bärengraben dates to the 1440s. No archaeological evidence that indicates a settlement on the site of today′s city centre prior to the 12th century has been found so far. In antiquity, a Celtic oppidum stood on the Engehalbinsel north of Bern, fortified since the second century BC, thought to be one of the 12 oppida of the Helvetii mentioned by Caesar. During the Roman era, a Gallo-Roman vicus was on the same site; the Bern zinc tablet has the name Brenodor. In the Early Middle Ages, a settlement in Bümpliz, now a city district of Bern, was some 4 km from the medieval city; the medieval city is a foundation of the Zähringer ruling family, which rose to power in Upper Burgundy in the 12th century.
According to 14th-century historiography, Bern was founded in 1191 by Duke of Zähringen. In 1218, after Berthold died without an heir, Bern was made a free imperial city by the Goldene Handfeste of Holy Roman Emperor Frederick II. In 1353, Bern joined the Swiss Confederacy, becoming one of the eight cantons of the formative period of 1353 to 1481. Bern invaded and conquered Aargau in 1415 and Vaud in 1536, as well as other smaller territories, thereby becoming the largest city-state north of the Alps; the city grew out towards the west of the boundaries of the peninsula formed by the river Aare. The Zytglogge tower marked the western boundary of the city from 1191 until 1256, when the Käfigturm took over this role until 1345, it was, in turn, succeeded by the Christoffelturm until 1622. During the time of the Thirty Years' War, two new fortifications – the so-called big and small Schanze – were built to protect the whole area of the peninsula. After a major blaze in 1405, the city's original wooden buildings were replaced by half-timbered houses and subsequently the sandstone buildings which came to be characteristic for the Old Town.
Despite the waves of pestilence that hit Europe in the 14th century, the city continued to grow due to immigration from the surrounding countryside. Bern was occupied by French troops in 1798 during the French Revolutionary Wars, when it was stripped of parts of its territories, it regained control of the Bernese Oberland in 1802, following the Congress of Vienna of 1814, it newly acquired the Bernese Jura. At this time, it once again became the largest canton of the Confederacy as it stood during the Restoration and until the secession of the canton of Jura in 1979. Bern was made the Federal City within the new Swiss federal state in 1848. A number of congresses of the socialist First and Second Internationals were held in Bern during World War I when Switzerland was neutral; the city's population rose from about 5,000 in the 15th century to about 12,000 by 1800 and to above 60,000 by 1900, passing the 100,000 mark during the 1920s. Population peaked during the 1960s at 165,000 and has since decreased to below 130,000 by 2000.
As of September 2017, the resident population stood at 142,349, of which 100,000 were Swiss citizens and 42,349 resident foreigners. A further estimated 350,000 people live in the immediate urban agglomeration. Bern lies on the Swiss plateau in the canton of Bern west of the centre of Switzerland and 20 km north of the Bernese Alps; the countryside around Bern was formed by glaciers during the most recent ice age. The two mountains closest to Bern are Gurten with a height of 864 m and Bantiger with a height of 947 m; the site of the old observatory in Bern is the point of origin of the CH1903 coordinate system at 46°57′08.66″N 7°26′22.50″E. The city was built on a hilly peninsula surrounded by the river Aare, but outgrew natural boundaries by the 19th century. A number of bridges have been built to allow the city to expand beyond the Aare. Bern is built on uneven ground. An elevation difference of several metres exists betwe
Switzerland in the Napoleonic era
During the French Revolutionary Wars, the revolutionary armies marched eastward, enveloping Switzerland in their battles against Austria. In 1798, Switzerland was overrun by the French and was renamed the Helvetic Republic; the Helvetic Republic encountered severe political problems. In 1798 the country became a battlefield of the Revolutionary Wars, culminating in the Battles of Zürich in 1799. In 1803 Napoleon's Act of Mediation reestablished a Swiss Confederation that restored the sovereignty of the cantons, the former tributary and allied territories of Aargau, Graubünden, St. Gallen and Ticino became cantons with equal rights; the Congress of Vienna of 1815 re-established Swiss independence and the European powers agreed to permanently recognise Swiss neutrality. At this time, the territory of Switzerland was increased for the last time, by the new cantons of Valais, Neuchâtel and Geneva; the Restoration, the time leading up to the Sonderbundskrieg, was marked with turmoil, the rural population struggling against the yoke of the urban centres, for example in the Züriputsch of 1839.
During the last years of the Ancien Régime, the growing conflicts throughout the Confederation had weakened and distracted the Diet. In Paris, the Helvetian Club, founded in 1790 by several exiled Vaudois and Fribourgers, was the centre from which the ideas of the French Revolution were spread in the western part of the Confederation. During the next eight years, revolts sprang up across the Confederation and, unlike earlier ones, many were successful. In 1790 the Lower Valais rose against the upper districts. In 1791, Porrentruy rebelled against the Bishop of Basel and became the Rauracian republic in November 1792 and in 1793, there was a rebellion in the French department of the Mont Terrible. In 1795, St Gallen revolted against the prince-abbot; these revolts were supported or encouraged by France, but the French army did not directly attack the Confederation. However, following the French success in the War of the First Coalition against the aristocratic armies of Prussia and Austria, the time had come for direct action against the aristocratic Ancien Régime in Switzerland.
In 1797, the districts of Chiavenna and Bormio, dependencies of the Three Leagues, revolted under the encouragement of France. They were invaded and annexed to the Cisalpine Republic on 10 October 1797. In December of the same year, the Bishopric of Basel annexed. On 9 December 1797, Frédéric-César de La Harpe, a member of the Helvetian Club from Vaud, asked France to invade Bern to protect Vaud. Seeing a chance to remove a feudal neighbor and gain Bern's wealth, France agreed. By February 1798, French troops occupied Biel/Bienne. Meanwhile, another army entered Vaud, the Lemanic Republic was proclaimed; the Diet broke up in dismay without taking any steps to avert the coming storm. On 5 March, troops entered Bern, distracted by quarrels within. With Bern, the stronghold of the aristocratic party, in revolutionary hands, the old Confederation collapsed. Within a month, the Confederation was under French control, all the associate members of the Confederation were gone. On 12 April 1798 121 cantonal deputies proclaimed the Helvetic Republic, "One and Indivisible".
The new régime abolished feudal rights. The occupying forces established a centralised state based on the ideas of the French Revolution. Before the Helvetic Republic, each individual canton had exercised complete sovereignty over its own territory or territories. Little central authority had existed, with matters concerning the country as a whole confined to the Diet, a meeting of leading representatives from the cantons; the constitution of the Helvetic Republic came from the design of Peter Ochs, a magistrate from Basel. It established a central two-chamber legislature which included the Senate; the executive, known as the Directory, comprised 5 members. The Constitution established actual Swiss citizenship, as opposed to just citizenship of one's canton of birth. With Swiss citizenship came the absolute freedom to settle in any canton, the political communes were now composed of all residents, not of the burghers. However, the community land and property remained with the former local burghers who were gathered together into the Bürgergemeinde.
No general agreement existed about the future of Switzerland. Leading groups split into the Unitaires, who wanted a united republic, the Federalists, who represented the old aristocracy and demanded a return to cantonal sovereignty. Coup-attempts became frequent, the new régime had to rely on the French to survive. Furthermore, the occupying forces plundered many villages; this made it difficult to establish a new working state. Many Swiss citizens resisted these "progressive" ideas in the central areas of the country; some of the more controversial aspects of the new regime limited freedom of worship, which outraged many of the more devout citizens. Several uprisings took place, with the three Forest Cantons rebelling in early 1798; the Schwyzers, under Alois von Reding, were crushed by the French on the heights of Morgarten in April and May, as were the Unterwaldners in August and September. Due to the destruction and plundering, the Swiss soon turned against the French. After the Forest Cantons uprising, some cantons were merged, thus reducing their anti-centralist effectiveness in the legislature.
Uri, Schwyz and Unterwalden toge
History of Switzerland
Since 1848, the Swiss Confederation has been a federal state of autonomous cantons, some of which have a history of confederacy that goes back more than 700 years, putting them among the world's oldest surviving republics. The early history of the region is tied to that of Alpine culture. Switzerland was inhabited by Gauls and Raetians, it came under Roman rule in the 1st century BC. Gallo-Roman culture was amalgamated with Germanic influence during Late Antiquity, with the eastern part of Switzerland becoming Alemannic territory; the area of Switzerland was incorporated in the Frankish Empire in the 6th century. In the high medieval period, the eastern part became part of the Duchy of Swabia within the Holy Roman Empire while the western part was part of Burgundy; the Old Swiss Confederacy in the late medieval period established its independence from the House of Habsburg and the Duchy of Burgundy, in the Italian Wars gained territory south of the Alps from the Duchy of Milan. The Swiss Reformation divided the Confederacy and resulted in a drawn-out history of internal strife between the Thirteen Cantons in the Early Modern period.
In the wake of the French Revolution, Switzerland fell to a French invasion in 1798 and was reformed into the Helvetic Republic, a French client state. Napoleon's Act of Mediation in 1803 restored the status of Switzerland as a Confederation, after the end of the Napoleonic period, the Swiss Confederation underwent a period of turmoil culminating in a brief civil war in 1847 and the creation of a federal constitution in 1848; the history of Switzerland since 1848 has been one of success and prosperity. Industrialisation transformed the traditionally agricultural economy, Swiss neutrality during the World Wars and the success of the banking industry furthered the ascent of Switzerland to its status as one of the world's most stable economies. Switzerland signed a free-trade agreement with the European Economic Community in 1972, has participated in the process of European integration by way of bilateral treaties, but it has notably resisted full accession to the European Union though its territory has been surrounded by EU member states since 1995.
Archeological evidence suggests that hunter-gatherers were settled in the lowlands north of the Alps in the Middle Paleolithic period 150,000 years ago. By the Neolithic period, the area was densely populated. Remains of Bronze Age pile dwellings from as early as 3800 BC have been found in the shallow areas of many lakes. Around 1500 BC, Celtic tribes settled in the area; the Raetians lived in the eastern regions. In 58 BC, the Helvetii tried to evade migratory pressure from Germanic tribes by moving into Gaul, but were defeated by Julius Caesar's armies and sent back; the alpine region became integrated into the Roman Empire and was extensively romanized in the course of the following centuries. The center of Roman administration was at Aventicum. In 259, Alamanni tribes overran the Limes, putting the settlements on Swiss territory on the frontier of the Roman Empire; the first Christian bishoprics were founded in the fourth century. With the fall of the Western Roman Empire, Germanic tribes entered the area.
Burgundians settled in the west. Burgundy became a part of the kingdom of the Franks in 534. In the Alaman-controlled region, only isolated Christian communities continued to exist and Irish monks re-introduced the Christian faith in the early 7th century. Under the Carolingian kings, the feudal system proliferated, monasteries and bishoprics were important bases for maintaining the rule; the Treaty of Verdun of 843 assigned Upper Burgundy to Lotharingia, Alemannia to the eastern kingdom of Louis the German which would become part of the Holy Roman Empire. In the 10th century, as the rule of the Carolingians waned, Magyars destroyed Basel in 917 and St. Gallen in 926. Only after the victory of King Otto I over the Magyars in 955 in the Battle of Lechfeld, were the Swiss territories reintegrated into the empire. In the 12th century, the dukes of Zähringen were given authority over part of the Burgundy territories which covered the western part of modern Switzerland, they founded many cities, including Fribourg in 1157, Bern in 1191.
The Zähringer dynasty ended with the death of Berchtold V in 1218, their cities subsequently became reichsfrei, while the dukes of Kyburg competed with the house of Habsburg over control of the rural regions of the former Zähringer territory. Under the Hohenstaufen rule, the alpine passes in Raetia and the St Gotthard Pass gained importance; the latter became an important direct route through the mountains. Uri and Schwyz were accorded the Reichsfreiheit to grant the empire direct control over the mountain pass. Most of the territory of Unterwalden at this time belonged to monasteries which had become reichsfrei; the extinction of the Kyburg dynasty paved the way for the Habsburg dynasty to bring much of the territory south of the Rhine under their control, aiding their rise to power. Rudolph of Habsburg, who became King of Germany in 1273 revoked the status of Reichsfreiheit granted to the "Forest Cantons" of Uri and Unterwalden; the Forest Cantons thus were governed by reeves. On 1 August 1291, the cantons of Uri and Unterwalden united to defend the peace upon the death of Emperor Rudolf I of Habsburg, forming the
Johannes Dierauer was a Swiss historian and librarian. He studied history at the universities of Zürich and Paris, receiving his doctorate at Zürich in 1868 with a dissertation on Trajan, titled Beiträge zu einer kritischen Geschichte Trajans. From 1868 to 1907 he taught classes in history at the cantonal school in St. Gallen, from 1874 onward, was head of the Stadtbibliothek Vadiana, the municipal library in St. Gallen, his magnum opus was a history of the Swiss Confederation, Geschichte der schweizerischen Eidgenossenschaft, published in five volumes from 1887 to 1917. Other noted writings by Dierauer are: Müller-Friedberg. Ernst Götzinger: ein Lebensbild – Biography of Ernst Götzinger. Die Befreiung des Rheintals 1798 – The liberation of the Rhine Valley in 1798. Chronik der Stadt Zürich – Chronicle of the city of Zürich. Der Kanton St. Gallen in der Regenerationszeit – The canton of St. Gallen in the regeneration period. Politische Geschichte des Kantons St. Gallen, 1803–1903 – Political history of the canton of St. Gallen, 1803–1903.
Der Zug der Schweden gegen Konstanz 1633. Eine Verletzung der schweizerischen Neutralität im Dreißigjährigen Kriege – Swedish troops at Konstanz, 1633, he was the author of 18 biographies in the Allgemeine Deutsche Biographie