Pragmatische Innovation

Die Neuerungen im lübischen Recht von 1263 bis 1294

Autor/innen

  • Albrecht Cordes

Abstract

This paper examines the innovative potential of the most important
legal order of the Baltic of the 13th century, the Law of Lubeck.
The important Latin codex of Lubeck Law for Gdańsk (1263) is compared
with the two Low German manuscripts in use at the Lubeck council, the
Codex Kiel (1282 ff.) and the Codex Bardewik (1294). First, the change from
Latin to Low German is examined. In this transition, regulations were omitted
altogether or revised, and many new articles were added. The Codex Bardewik
then rearranged the material and put it in a thematic order. This new system
is analysed in the second part of the paper.
The results show a council that regulated daily urban life down to the
smallest detail, stabilized its own position – which was also the position
of the leading class of rich long-distance traders – and worked tirelessly to
ensure the functioning of the city and its economy. The council picked up
new rules from all available sources, changed and shaped them according to
the needs of the city and invented even more new rules. This approach, which
was only interested in functionality and not in the origin of the norms, can
best be characterised as pragmatic innovation. To dher stades behuf – in the
interest of the city – chancellor Albrecht von Bardewik had the law written
into the new book, which he probably sponsored personally, and which today
bears his name.

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Veröffentlicht

2024-11-06