Encyclopedia of Law

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The encyclopedia of jurisprudence in systematic and alphabetical processing was founded in 1870 by the Munich law professor Franz von Holtzendorff , which was published by Duncker & Humblot in Leipzig . The work initially consisted of a one-volume systematic presentation and a two-volume alphabetical legal dictionary . Since the 5th edition in 1890, the systematic part has been divided into two volumes. After the death of the first editor in 1889, the Berlin law professor Josef Kohler took over the editing of a new edition, which appeared as the 6th edition in 1904.

Even before the 6th edition was published, the Munich law professor Karl von Birkmeyer had published an encyclopedia of jurisprudence in 1900 , which intended to follow on from the work of v. Holtzendorff to undertake a revision, especially taking into account the civil code that came into force in the same year. It was published by Verlag O. Häring, Berlin , and had a second edition in 1904. The Encyclopedia of Law and Political Science has been in its successor since 1922 .

Both works claim to comprehensively present the current state of law and are therefore special encyclopedias in this subject.

The encyclopedia of v. Holtzendorff (revised 1904)

The work consists of a series of individual representations of different areas of law, which are linked by a common, graduated structure.

I. Josef Kohler : Legal Philosophy and Universal Legal History

II. Civil Law

1. Otto Lenel : History and sources of Roman law
2. Heinrich Brunner: Sources and history of German law
3. Ludwig Mitteis : The Pandect Law
4. Otto Gierke : Basic features of German private law
5. Josef Kohler: Civil law
Additions:
a) J. Stranz: Relationship between Reich private law and state private law
b) Overview of the non-German private legal systems
aa) Ernst Heymann: Overview of English private law
bb) Karl Crome: Principles of Romance Law
cc) Otto von Veh: Overview of Russian private law
6. Otto Gierke: Basic features of commercial law
7. Georg Cohn: Bill of exchange and check law
8. Felix Hecht: Mortgage banking law
9. L. von Bar: International Private Law
10. Josef Kohler: Civil Procedure and Bankruptcy Law
11. Emil Dorner: Procedure of voluntary jurisdiction

III. Criminal law

1.F. Wachenfeld: criminal law (excluding military criminal law)
2. Ernst Beling: Criminal Procedure Law
3. Julius Weiffenbach : Military Criminal Law - Military Criminal Trial

IV. Public Law

1. Gerhard Anschütz : German constitutional law
2. Ernst von Meier: Administrative law
3. Ludwig Laß: Workers' Insurance Law
4. Ulrich Stutz: Canon Law
5. Paul Heilborn: International Law
6. Otto Köbner: German colonial law

The Birkmeyer Encyclopedia (2nd edition 1904)

The work consists of a number of individual representations of different areas of law, which are not linked by a common structure. A systematic structure is given by the arrangement of the individual representations.

  • Erwin Grueber (Munich): Introduction to Law
  • Franz Leonhard (Marburg): Roman law
  • HO Lehmann (Marburg): German legal history and basic features of German private law
  • F. Bernhöft (Rostock): Civil law
  • HO Lehmann (Marburg): Commercial, maritime and bill of exchange law
  • Adolf Arndt (Königsberg): Constitutional law and administrative law
  • Friedrich Stein (Halle / Saale): The civil procedure law
  • Friedrich Hellmann (Munich): bankruptcy law and bankruptcy proceedings
  • Karl Birkmeyer: The criminal law
  • Karl Birkmeyer: The military criminal law
  • Karl von Lilienthal (Heidelberg): The law of criminal procedure
  • Franz von Liszt : The international law
  • Paul Hinschius (Berlin): Canon law

comparison

The work of v. Holtzendorff offers representations of some areas of law that are missing in Birkemeyer's work:

  • Pandect law
  • German private law
  • Relationship between Reich private law and state private law
  • Overview of the non-German private legal systems
  • Mortgage Banking Law
  • International private law
  • Workers Insurance Law
  • German colonial law

On the one hand, the Holtzendorff encyclopedia has given more space to the presentation of the older Roman law. On the other hand, the special interest of the editor Josef Kohler in comparative law becomes clear. In addition, the encyclopedia by v. Holtzendorff structured more finely than that of Birkemeyer. Furthermore, the latter lacks the legal dictionary. The encyclopedia of v. Overall, Holtzendorff is the much more extensive and systematically more demanding of the two works.