Natural Law in Austrian and Hungarian Science of Public Law in the Second Half of the Eighteenth Century: A Comparison

Martin P. Schennach

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Chapter 5 Natural Law in Austrian and Hungarian Science of Public Law in the Second Half of the Eighteenth Century: A Comparison

In: Early Modern Natural Law in East-Central Europe

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Martin P. Schennach

Martin P. Schennach
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Type:: Chapter

Pages:: 135–163

DOI:: https://doi.org/10.1163/9789004545847_006

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Abstract

In the 18th century the doctrines of Austrian and Hungarian public law were both strongly influenced by the Reichspublizistik, id est the science of public law of the Holy Roman Empire, and by the doctrine of the Territorialstaatsrecht, the legal study of the public law of the territories of the Holy Roman Empire. Nevertheless, natural law and the Allgemeine Staatsrecht played a different role in each case. The absolutistic-friendly Austrian writers obviously avoided any reference to natural law out of concern for its critical-emancipatory potential. In contrast, Hungarian legal scholars listed natural law among the sources of Hungarian public law without further ado. In Hungary, natural law (theoretically) served to fill in the gaps left by positive public law and thus occupied the same position in the systematics of legal sources as the ius publicum of the Empire did in the case of Austrian public law. With regard to the concrete use of natural law, there is hardly any difference between Hungarian and Austrian authors, especially since natural law could also be used in a pro-absolutist sense. This was the case, for example, with the interpretation of the resistance clause in the Golden Bull of King Andrew II (1222).

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Early Modern Natural Law in East-Central Europe

Series: Early Modern Natural Law: Studies & Sources, Volume: 5

E-Book ISBN:: 9789004545847

Publisher:: Brill

Print Publication Date:: 20 Apr 2023

Subjects
- History
  - Early Modern History
  - Legal History
- Slavic and Eurasian Studies
  - General

Front Matter

Part 1 Poland-Lithuania

Part 2 The Austrian Empire

Part 3 Hungary and Transylvania

Part 4 Russia

Back Matter

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Chapter 5 Natural Law in Austrian and Hungarian Science of Public Law in the Second Half of the Eighteenth Century: A Comparison

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Early Modern Natural Law in East-Central Europe

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