Academic jurisdiction

from Wikipedia, the free encyclopedia

Academic jurisdiction (also university jurisdiction ) refers to the independent and autonomous jurisdiction ( middle jurisdiction ) at universities that partially existed until the 19th century .

Emergence

Pedels with university sceptres

In the early days of the universities , the jurisdiction there was regulated differently, depending on whether the church or sovereign could exercise their influence. In 1155, the University of Bologna received legal autonomy from Friedrich Barbarossa through the so-called scholar privilege ( authentica habita ) . Due to his own jurisdiction, the rector of the university was responsible, among other things, for the protection of lecturers and students. At the Sorbonne, however, teachers and students were subject to ecclesiastical jurisdiction. The university chancellor exercised them. He watched over the purity of teaching, the conduct of students and professors, and awarded the academic degrees . The principle of academic jurisdiction was retained during the Reformation , even where Protestant princes founded their own state universities. The academic jurisdiction encompassed not only professors and students, but all employees of the university as well. There was also talk of the civitas academica (German: "Academic Citizenship"), that is, of the university as a political unit. Since these startups often took place in remote provincial towns, the local jurisdiction would have been overwhelmed with the responsibility for scholars. The universities continued to see themselves as their own legal space, which was largely to be separated from their immediate surroundings.

Design

Part of the academic jurisdiction - The Karzer

The universities, which have functioned as corporations since the Middle Ages , had special insignia or emblems , such as the official scepter , register book and statute book. With them they clarified the claim to have a separate legal area within the framework of the respective social order. The university register is the directory of the members of a university. These are identified there using matriculation numbers . Individual registration as a person belonging to a university meant in the European Middle Ages and in the early modern period the new affiliation to a different jurisdiction. In some cases, academic jurisdiction extended over all areas and was even active in capital crimes .

The academic jurisdiction was structured, among other things, with a university-internal court, with the office of pedel , its own lawyers and actuaries . Houseflies and city arrest and could in fines lockup -Stay be imposed, as well as fines and the Consilium abeundi .

With the Courts Constitution Act 1877, academic jurisdiction was abolished in Germany. Only disciplinary authority over the students remained. In Prussia , on May 29, 1879, the law regarding the legal relationships of students and the discipline at the state universities, the Academy in Münster and the Lyzeum Hosianum in Braunsberg was passed, which also contained measures against students, including detention and reprimand from the university .

literature

  • Klaus Michael Alenfelder: Academic jurisdiction (= Bonn writings on science law. 7). Nomos, Baden-Baden 2002, ISBN 3-7890-7767-4 (also: Bonn, Universität, Dissertation, 2000).
  • Stefan Brüdermann : Göttingen students and academic jurisdiction in the 18th century (= Göttinger Universitätsschriften. Series A: Schriften. 15). Vandenhoeck & Ruprecht, Göttingen 1990, ISBN 3-525-35846-6 (also: Göttingen, Universität, dissertation, 1987).
  • Peter Krause : "O old lad glory". (The students and their customs). 5th, completely revised edition. Styria et al., Graz et al. 1997, pp. 65-67, ISBN 3-222-12478-7 .
  • Friedrich Stein : The academic jurisdiction in Germany. Hirschfeld, Leipzig 1891, ( digitized version ).
  • Peter Woeste : Academic fathers as judges. On the history of the academic jurisdiction of the Philipps University with special consideration of court proceedings of the 18th and 19th centuries (= Marburger Stadtschriften zur Geschichte und Kultur. 22). Press office of the city of Marburg, Marburg 1987, ISBN 3-923820-17-8 (also: Marburg, University, dissertation, 1986).
  • Martin Morgner : GDR students between adjustment and falling out. Disciplinary cases at the Friedrich Schiller University Jena from 1965 to 1989. Leipzig 2012. [Review by Norbert Nail in: Studenten-Kurier 3/13, 28–30; also on disciplinary law at the Philipps University of Marburg after 1945].

Individual evidence

  1. ↑ Hubert Graven: The emblems of the old Cologne University in connection with intellectual life and art. In: Festschrift commemorating the founding of the old University of Cologne in 1388. Schröder, Cologne 1938, pp. 384–459.
  2. ↑ Gert Hahne: The Karzer - Beer! Innocence! Revenge! The Göttingen university detention center and its history (s). Book publisher Göttinger Tageblatt, Göttingen 2005, ISBN 3-924781-54-0 , p. 16 f.