Schöppenstuhl

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The Schöppenstuhl (proven in Middle High German as a scheffenstuol ) is a historical arbiter of a court . Regionally, the terms Schöppenbank or Schöppenstube were used synonymously . While a broad understanding of the term as Schöppenstuhl meant any court with lay judges , in the narrower sense a higher court was meant that commented on legal issues nationwide and can therefore be considered a model for preliminary ruling proceedings .

The Schöppenstühle in the real sense formed especially in cities that followed Magdeburg law . Schöppenstühle of the cities, which derived their rights from the mother cities, submitted their legal questions to the Schöppenstuhl of the respective mother city. It was different in the Hanseatic League : Schöppenstühle formed here too, although the central higher court was the municipal council court in Lübeck .

The ladder chairs developed their importance in the high Middle Ages. Already since the time of Charlemagne , lay judges were known. Alderman courts or Schöppenstühle were occupied by seven or twelve aldermen who had a judicial function. The process management was still carried out by mayors or counts . They just found themselves in the central and east German settlement area.

The judiciary became more professional in the 16th century. Initially, the supervisory authority of the state was established, later real higher courts were established in the territories. Most of the ladle chairs had already been removed by the 17th century. Presumably the last Schöppenstuhl, the Schöppenstuhl at the University of Jena was canceled by order of the Weimar State Ministry on May 12, 1881, after it had already ceased its activities on October 1, 1879.

Examples

literature

  • Albrecht Cordes, Adalbert Erler (Hrsg.): Concise dictionary of German legal history , Volume IV, entry "Schöppenstuhl". edit v. F. Battenberg. Erich Schmidt Verlag Berlin 1990, ISBN 3-503-00015-1 .
  • Peter Beer: Witch trials in the monastery and monastery area Loccum (= studies on the church history of Lower Saxony 41). V&R unipress, Göttingen, 2007, ISBN 978-3-89971-357-2 .
  • Angela Kriebisch: The judging body for the Faculty of Law and the Schöppenstuhl in Jena: structures, activities, meaning and an analysis of selected files . Verlag Peter Lang, Frankfurt am Main 2008, ISBN 978-3-6315-8127-8
  • Walther Ludwig Karl Hermann Schwabe: The Aachen Oberhof: An investigation into the importance of the Aachen jury chair as a higher court . La Ruelle, Aachen, 1928, DNB 578652986 . From: Zeitschrift des Aachener Geschichtsverein, Vol. 47–49.
  • Hellmuth von Weber: Schöppenstuhl and sovereign: A contribution to the history of judicial review jurisdiction . Mohr (Siebeck), Tuebingen, 1950, DNB 455393583

Individual evidence

  1. ↑ On the history of the Thuringian Higher Regional Court. Retrieved September 23, 2017 .