Der Wissenschaftstransfer des deutschen Verwaltungsrechts in die Schweiz

Rechtsgeschichte - Legal History. 2005;(Rg 07):87-97 DOI 10.12946/rg07/087-097


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Journal Title: Rechtsgeschichte - Legal History

ISSN: 1619-4993 (Print); 2195-9617 (Online)

Publisher: Max Planck Institute for European Legal History

LCC Subject Category: Law | Political science

Country of publisher: Germany

Language of fulltext: Portuguese, German, French, Spanish, English, Italian

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Roger Müller


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Time From Submission to Publication: 18 weeks


Abstract | Full Text

German administrative law is a product of the foundation of the German Reich in 1871, which on the one hand was orientated towards a national jurisdiction and on the other took account of the comparative horizon of related »Culturstaaten«. The result was a paradox: a legal field both enhanced national borders in a very distinct way and was at the same time capable of stepping across borders. This essay investigates the semantic coupling of academia and nation following the example of Fritz Fleiner, especially his »Institutionen«. When Fleiner Came back from Germany to Switzerland, his administrative law became »adopted« there and was spread by his sity lectures and his »pupils«. As easily as the coupling of legal science and university out with the nation-state was achieved, so problematic proved the connection to politics, which let itself get distracted by the academic debate on the establishment of administrative courts, but nevertheless offered continuing resistance.