Information AboutSachsenspiegel |
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| history of germany | |
| legal codes | |
| legal history | |
| middle high german literature | |
| types of illuminated manuscript | |
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The 'Sachsenspiegel' (alt: ''''Sassenspegel'''') is the most important Law book and Legal Code of the German medieval age. It gained influence through the age because it was used in the Saxon and North-German areas in Germany in that time. The laws included a private collection and recording of the medieval Saxon law and common laws for the people of that area. The Sachsenspiegel was the basic foundation for the Jurisprudence and Jurisdiction in the middle-age Saxony . The Sachsenspiegel is the first large law document in Germany that is written in German instead of the widely used Latin language in that time. Some historians say that there exists a Latin version but is fully unknown and no more preserved. HISTORY The Sachsenspiegel was written by the Saxon administrative Eike von Repgow by order of his probable Lord of Manor Count Hoyer von Falkenstein in the years of 1220 to 1230 . Von Repgow wrote in his conventional view the traditional law that was widely used in the Saxon territory. By modern views of the gunner Peter Landau in 2005 , he compared the bookstock of the Zisterzienser Monastry of Altzelle with the sources of Eikes and came to conclusion that a creation near Altzelle would be possible. The Sachsenspiegel, one of the first prose works in German language, is an important testimony for the beginning unification of the German (middle lower German) literary language. The great reality proximity (field-tested and test-stooded law) helped the Sachsenspiegel to get greater acceptance. The Sachsenspiegel laws spreat from the Netherlands into the Baltic territory. The Sachsenspiegel would become rapidly the standard for further law books like the Augsburg er Sachsenspiegel, the "Deutschenspiegel", the Schwabenspiegel and countless other polonian prints. His spreading was patronized in the "Law of Magdeburg " through the town foundations at the East Colonisation and the enfranchisements of "cityhood" in the Eastern European territory ( Poland , Bohemia , Slovakia , Baltics, Belarus , Ukraine ). In Prussia , the Sachsenspiegel was used until the introduction of the Allgemeinen Landrechts Für Die Preußischen Staaten (ALR) in 1794 . It was also used in Saxony until the introduction of the "Sächsisches Bürgerlichen Gesetzbuches" in 1865 . In Anhalt and Thuringia the Sachsenspiegel was used until 1900 because the "Bürgerliches Gesetzbuch" was introduced. Until 1932 , the Sachsenspiegel was cited by the "Reichsgericht" (Supreme Court of the Reich). No German law book never again had such a huge territorial and periodical acceptance. BRANCHES OF LAW The Sachsenspiegel encircles two branches of law: the county law and the lean law. County Law The county law is the law of the free people including farmers. It rules out the property cases, inheritances, matrimonies, the distribution of goods and neighbor affairs. It encircles also the criminal law and the constitution of the courts. In todays law system it is also responsible for the criminal laws and the civil laws. Lean Law The lean law rules out the relationship between stands in the country, like the election of Emperor s and King s, lean rights etc. Today it is comparable with the constitutional law. The Sachsenspiegel is inherited in four golden picture hand-writings and in circa 480 hand-writings and fragments. PROVERBS Some Proverbs date from the Sachsenspiegel:
Not only in proverbs, but in Germany's law today are dependencies to the Sachsenspiegel, like inheritance law, neighbor law, traffic law, or environmental law (emissions). The most famous examples from the private law are "Überhang" and "Überfall". The "Überhang" (overhang) and the "Überfall" (overfall) of trees and the through-growing of roots and the falling of fruits onto the neighboring property must led to some law controversies 800 years ago. Interesting is a direct comparison of the law text of the Sachsenspiegel (Book II, 52, article 1 and 2, Heidelberg hand-writing) and the BGB (article 910 and 911). BGB means " Bürgerliches Gesetzbuch " (Civil Law Book of Germany) |