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German
law was subject to many influences over the centuries. Roman law
was the first civilized jurisprudence within the borders of German
influence and prevailed in the parts of Germany belonging to the
Roman Empire until the end of Roman dominion. In Medieval times,
derivatives of Frankish law were common, until the first universities
and legal scientists reinstated Roman Law as set by Justinian
I. in the Corpus iuris civilis. It became common law (Gemeines
Recht) in large parts of the German-speaking world and prevailed
far into the 19th century. As the Holy Roman Empire was composed
of countless little territorial entities, the laws varied very
much, according to local traditions and religions.
Prussia made an effort of installing an all-new law with the Preußisches
Allgemeines Landrecht in the 18th century which, although never
actually finished, had - and has - a great influence on later
works. After the French Revolution, revolutionary ideas and Naponéons
Code Civil strongly influenced the German legal tradition. With
the forming of the Deutsches Reich in 1871, a great wave of legal
standartization set on, beginning with criminal law and processual
law and culminating in the Bürgerliches Gesetzbuch (Book
of Civil Law) after over twenty years of creative process.
However, the various states always maintained their own laws to
an extent and, in modern federal Germany, still do. This came
to an end during the Nazi dominion when law was for the most part
set by the Führer, the party and the judges and legal scientists
loyal to them, which created a totalitarian law with strong elements
of racism and anti-semitism. After the war, the two newly emerged
German states tried to pick up the pieces in their own way: the
democratic West Germany continued the legal traditions of the
first republic, while the socialist/communist East Germany tried
to install new laws strongly by communist and socialist ideology.
With the reunification of the two parts, West German law was set
in force for the most part.
A fairly recent development is the influence of European law which
aims to harmonize laws in the various states of the European Union,
so that a lot of the legal developments are taken out of the hand
of the federal government and are decided in Brussels instead,
where Germany has its own influence on the process along with
the other members. Still German law is strongly influenced by
federalism, and the individual states (Länder) each have
their own responsibilities and particular laws, which at times
is somewhat inefficient, but on other occasions takes care of
regional specialities.
German legal tradition has in turn influenced many other countries.
Just to name a few, the legal systems of Japan, the Republic of
Korea and the Peoples Republic of China are to some extent based
on German law.
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