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  • 4 - Foundations I

  • Russell A. Miller, Washington and Lee University, Virginia
  • Book:
    An Introduction to German Law and Legal Culture
    Published online:
    13 November 2024
    Print publication:
    17 October 2024, pp 96-122

  • Summary

    Chapter 4 is the first of three chapters laying a basic foundation in German law and politics. The chapter focuses on German legal history, including a deep history dating from the Roman encounters with the German barbarians up to the codification movement in the nineteenth century. The deep history shows how Germanic customary law, Roman Law, and Canon Law mixed to form modern German law. The chapter then shows how the process of development proceeded differently for private law (leading to the great codification of private law) and public law (with a tumultuous process of constitutionalization).