Volume I: The Administrative State


Book Description

The Max Planck Handbooks in European Public Law series describes and analyses the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, it aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series begins this enterprise with an appraisal of the evolution of the state and its administration, with cross-cutting contributions and also specific country reports. While the former include, among others, treatises on historical antecedents of the concept of European public law, the development of the administrative state as such, the relationship between constitutional and administrative law, and legal conceptions of statehood, the latter focus on states and legal orders as diverse as, e.g., Spain and Hungary or Great Britain and Greece. With this, the book provides access to the systematic foundations, pivotal historic moments, and legal thought of states bound together not only by a common history but also by deep and entrenched normative ties; for the quality of the ius publicum europaeum can be no better than the common understanding European scholars and practitioners have of the law of other states. An understanding thus improved will enable them to operate with the shared skills, knowledge, and values that can bring to fruition the different processes of European integration.




Austria 1867-1955


Book Description

Austria 1867-1955 connects the political history of German-speaking provinces of the Habsburg Empire before 1914 (Vienna and the Alpine Lands) with the history of the Austrian Republic that emerged in 1918. John W. Boyer presents the case of modern Austria as a fascinating example of democratic nation-building. The construction of an Austrian political nation began in 1867 under Habsburg Imperial auspices, with the German-speaking bourgeois Liberals defining the concept of a political people (Volk) and giving that Volk a constitution and a liberal legal and parliamentary order to protect their rights against the Crown. The decades that followed saw the administrative and judicial institutions of the Liberal state solidified, but in the 1880s and 1890s the membership of the Volk exploded to include new social and economic strata from the lower bourgeoisie and the working classes. Ethnic identity was not the final structuring principle of everyday politics, as it was in the Czech lands. Rather social class, occupational culture, and religion became more prominent variables in the sortition of civic interests, exemplified by the emergence of two great ideological parties, Christian Socialism and Social Democracy in Vienna in the 1890s. The war crisis of 1914/1918 exploded the Empire, with the Crown self-destructing in the face of military defeat, chronic domestic unrest, and bitter national partisanship. But this crisis also accelerated the emergence of new structures of democratic self-governance in the German-speaking Austrian lands, enshrined in the republican Constitution of 1920. Initial attempts to make this new project of democratic nation-building work failed in the 1920s and 1930s, culminating in the catastrophe of the 1938 Nazi occupation. After 1945 the surviving legatees of the Revolution of 1918 reassembled under the four-power Allied occupation, which fashioned a shared political culture which proved sufficiently flexible to accommodate intense partisanship, resulting, by the 1970s, in a successful republican system, organized under the aegis of elite democratic and corporatist negotiating structures, in which the Catholics and Socialists learned to embrace the skills of collective but shared self-governance.




Shatterzone of Empires


Book Description

From the Baltic to the Black Sea, four major empires with ethnically and religiously diverse populations encountered each other along often changing and contested borders. Examining this geographically vast, multicultural region through a variety of methodological lenses, this volume offers informed and dispassionate analyses of how the many populations of these borderlands managed to coexist in a previous era and why the areas eventually descended into violence. An understanding of this region will help readers grasp the preconditions of interethnic coexistence and the causes of ethnic violence and war in many of the world's other borderlands both past and present.




Quotas


Book Description

In 1920, the Hungarian parliament introduced a Jewish quota for university admissions, making Hungary the first country in Europe to pass antisemitic legislation following World War I. Quotas explores the ideologies and practices of quota regimes and the ways quotas have been justified, implemented, challenged, and remembered from the late nineteenth century until the middle of the twentieth century. In particular, the volume focuses on Central and Eastern Europe, with chapters covering the origins of quotas, the moral, legal, and political arguments developed by their supporters and opponents, and the social and personal impact of these attempts to limit access to higher education.




The Administrative State


Book Description

This is the first volume of The Max Planck Handbooks of European Public Law. Volume I: The Administrative State frames the administrative regimes of Europe in a comparative perspective, analysing the evolution of state and administration of major European jurisdictions, and examining issues that cut across national boundaries.




The Sinews of Habsburg Power


Book Description

The Sinews of Habsburg Power explores the domestic foundations of the immense growth of central European Habsburg power from the rise of a permanent standing army after the Thirty Years' War to the end of the Napoleonic wars. With a force that grew irregularly in size from around 25,000 soldiers to as many as half a million in the War of the Sixth Coalition, the Habsburg monarchy participated in shifting international constellations of rivalry from western Europe to the Near East and in some two dozen, partly overlapping armed conflicts. Raising forces of such magnitude constituted a central task of Habsburg government, one that ultimately required the cooperation of society and its elites. The monarchy's composite-territorial structures in the guise of the Lower Austrian Estates -- a leading representative body and privileged corps -- formed a vital, if changing, element underlying Habsburg international success and resilience. With its capital at Vienna, the archduchy below the river Enns (the historic designation of Lower Austria) was geographically, politically, and financially a key Habsburg possession. Fiscal-military exigency induced the Estates to take part in new and evolving arrangements of power that served the purposes of government; in turn the Estates were able in previously little-understood ways and within narrowing boundaries to preserve vital interests in a changing world. The Estates survived because they were necessary, not only thanks to their increasing financial potency, but also because they offered a politically viable way of exacting ever-larger quantities of money, men, and other resources from local society. These circumstances would persist as ruling became more regularized, formalized, and homogenized, and as the very understanding of the Estates as a social and political phenomenon was evolving.




Protecting Women


Book Description

Explores the origin and array of protective labor legislation directed at women. This title analyzes ideologies, attitudes, and effects of legislation across women's classes, among employers and workers' organizations, and in both bourgeois and socialist feminist groups.




The Austrian Mind


Book Description

Part One of this book shows how bureaucracy sustained the Habsburg Empire while inciting economists, legal theorists, and socialists to urge reform. Part Two examines how Vienna's coffeehouses, theaters, and concert halls stimulated creativity together with complacency. Part Three explores the fin-de-siecle world view known as Viennese Impressionism. Interacting with positivistic science, this reverence for the ephemeral inspired such pioneers ad Mach, Wittgenstein, Buber, and Freud. Part Four describes the vision of an ordered cosmos which flourished among Germans in Bohemia. Their philosophers cultivated a Leibnizian faith whose eventual collapse haunted Kafka and Mahler. Part Five explains how in Hungary wishful thinking reinforced a political activism rare elsewhere in Habsburg domains. Engage intellectuals like Lukacs and Mannheim systematized the sociology of knowledge, while two other Hungarians, Herzel and Nordau, initiated political Zionism. Part Six investigates certain attributes that have permeated Austrian thought, such as hostility to technology and delight in polar opposites.




Health Care and Poor Relief in 18th and 19th Century Southern Europe


Book Description

In this volume, various aspects of Southern European health care and poor relief are examined. Issues of charity and medicine are discussed both in their national and wider European context. By studying the crucial transitional period between the parish relief of the late medieval world and the state sponsored provision of the twentieth century much can be learned about how attitudes to the poor and sick changed over time and place.