A Stiftung ( German: [ˈʃtɪftʊŋ] ) (properly Stiftung , pl. Stiftungen ) is an institution or foundation that, with the aid of a property, pursues a purpose determined by the founder.
166-497: A Stiftung foundation exists to give effect to the stated, non-commercial wishes of its founder, as set out in a foundation deed and the articles of association (statutes). In effect, the assets with which the foundation is endowed become a separate legal entity. A Stiftung foundation has no shares or members and is set up by a founder(s) in most cases to ensure the continuation of family assets. A Stiftung foundation can have beneficiaries, and in that way they are in some way similar to
332-621: A yokel . In this sense, the word Nazi was a hypocorism of the German male name Igna(t)z (itself a variation of the name Ignatius )—Igna(t)z being a common name at the time in Bavaria , the area from which the NSDAP emerged. In the 1920s, political opponents of the NSDAP in the German labour movement seized on this. Using the earlier abbreviated term Sozi for Sozialist ( German for 'Socialist') as an example, they shortened
498-538: A "state within a state" that threatened German national unity. Fichte promoted two options in order to address this, his first one being the creation of a Jewish state in Palestine so the Jews could be impelled to leave Europe. His second option was violence against Jews and he said that the goal of the violence would be "to cut off all their heads in one night, and set new ones on their shoulders, which should not contain
664-423: A "superior" society based on ethnic German "folk" culture and German "blood". It denounced foreigners and foreign ideas and declared that Jews, Freemasons and others were "traitors to the nation" and unworthy of inclusion. Völkisch nationalism saw the world in terms of natural law and romanticism and it viewed societies as organic, extolling the virtues of rural life, condemning the neglect of tradition and
830-502: A blood-and-soil ideology, the notion of a master race, [and] the idea of territorial acquisition and settlement in the East. These ideas were embedded in a popular nationalism which was vigorously anti-modernist, anti-humanist and pseudo-religious. Brought together, the result was an anti-intellectual and politically semi-illiterate ideology lacking cohesion, a product of mass culture which allowed its followers emotional attachment and offered
996-533: A broader principle out of these predecessor cases. The facts were almost identical to Cadillac a year earlier: a wheel from a wheel manufacturer was sold to Buick, to a dealer, to MacPherson, and the wheel failed, injuring MacPherson. Judge Cardozo held: It may be that Statler v. Ray Mfg. Co. have extended the rule of Thomas v. Winchester . If so, this court is committed to the extension. The defendant argues that things imminently dangerous to life are poisons, explosives, deadly weapons—things whose normal function it
1162-425: A character inherently that, when applied to the purposes for which it was designed, it was liable to become a source of great danger to many people if not carefully and properly constructed". Yet the privity rule survived. In Cadillac Motor Car Co. v. Johnson (decided in 1915 by the federal appeals court for New York and several neighboring states), the court held that a car owner could not recover for injuries from
1328-915: A civil law construct, found mostly in German-speaking areas. Civil law Stiftung foundations have developed in Austria, Cyprus, Denmark (erhvervsdrivende fond), Italy, Finland , Germany , Liechtenstein (Unternehmenstiftung), the Netherlands (stichting, Netherlands Antilles , Norway ( Bokmål stiftelse; Nynorsk stifting), Spain, Sweden (stiftelse), Switzerland , Panama (1975), and more recently in St Kitts (2003), Nevis (2004), Bahamas (2005), Anguilla (2006), Antigua and Barbuda (2006), Malta (2006), Jersey (2009), and Labuan , Malaysia (2010). Common law Common law (also known as judicial precedent , judge-made law, or case law)
1494-481: A decision are often more important in the long run than the outcome in a particular case. This is the reason that judicial opinions are usually quite long, and give rationales and policies that can be balanced with judgment in future cases, rather than the bright-line rules usually embodied in statutes. All law systems rely on written publication of the law, so that it is accessible to all. Common law decisions are published in law reports for use by lawyers, courts and
1660-411: A defective wheel, when the automobile owner had a contract only with the automobile dealer and not with the manufacturer, even though there was "no question that the wheel was made of dead and 'dozy' wood, quite insufficient for its purposes". The Cadillac court was willing to acknowledge that the case law supported exceptions for "an article dangerous in its nature or likely to become so in the course of
1826-768: A form of far-right politics . Far-right themes in Nazism include the argument that superior people have a right to dominate other people and purge society of supposed inferior elements. Adolf Hitler and other proponents denied that Nazism was either left-wing or right-wing: instead, they officially portrayed Nazism as a syncretic movement. In Mein Kampf , Hitler directly attacked both left-wing and right-wing politics in Germany, saying: Today our left-wing politicians in particular are constantly insisting that their craven-hearted and obsequious foreign policy necessarily results from
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#17327722088551992-421: A foundation is that in spite of the continuous use of the income for the purpose of the foundation (i.e., not for compound interest), the total amount after a certain time exceeds the funded foundation stock. With a yield of, for example, four percent (lilac line), the sum of the income earned the founding capital after 25 years, after which the sum of the income is greater than the basic stock capital (green area in
2158-648: A government function in 1874 . West Publishing in Minnesota is the largest private-sector publisher of law reports in the United States. Government publishers typically issue only decisions "in the raw", while private sector publishers often add indexing, including references to the key principles of the common law involved, editorial analysis, and similar finding aids. Statutes are generally understood to supersede common law. They may codify existing common law, create new causes of action that did not exist in
2324-457: A hierarchy of evolution from apes while Darwinian theory did not grade races in a hierarchy of higher or lower evolution from apes, but simply stated that all humans as a whole had progressed in their evolution from apes. Many Lamarckians viewed "lower" races as having been exposed to debilitating conditions for too long for any significant "improvement" of their condition to take place in the near future. Haeckel used Lamarckian theory to describe
2490-410: A line somewhere, a limit on the causal connection between the negligent conduct and the injury. The court looked to the contractual relationships, and held that liability would only flow as far as the person in immediate contract ("privity") with the negligent party. A first exception to this rule arose in 1852, in the case of Thomas v. Winchester , when New York's highest court held that mislabeling
2656-540: A means to redress certain challenges to established law. Oliver Wendell Holmes once dissented: "judges do and must legislate". There is a controversial legal maxim in American law that " Statutes in derogation of the common law ought to be narrowly construed ". Henry Campbell Black once wrote that the canon "no longer has any foundation in reason". It is generally associated with the Lochner era . The presumption
2822-481: A nation's need to maintain its racial purity in order to prevent its degeneration and argued that racial intermingling with Jews should never be permitted. In 1923, Chamberlain met Hitler, whom he admired as a leader of the rebirth of the free spirit. Madison Grant 's work The Passing of the Great Race (1916) advocated Nordicism and proposed that a eugenics program should be implemented in order to preserve
2988-471: A nationalist redefinition of socialism , as an alternative to both Marxist international socialism and free-market capitalism . Nazism rejected the Marxist concepts of class conflict and universal equality , opposed cosmopolitan internationalism , and sought to convince all parts of the new German society to subordinate their personal interests to the " common good ", accepting political interests as
3154-424: A new line in the last sentence quoted above: "There must be knowledge of a danger, not merely possible, but probable." But while adhering to the underlying principle that some boundary is necessary, MacPherson overruled the prior common law by rendering the formerly dominant factor in the boundary, that is, the privity formality arising out of a contractual relationship between persons, totally irrelevant. Rather,
3320-457: A poison as an innocuous herb, and then selling the mislabeled poison through a dealer who would be expected to resell it, put "human life in imminent danger". Thomas relied on this reason to create an exception to the "privity" rule. In 1909, New York held in Statler v. Ray Mfg. Co. that a coffee urn manufacturer was liable to a person injured when the urn exploded, because the urn "was of such
3486-411: A presumption favoring the retention of long-established and familiar principles, except when a statutory purpose to the contrary is evident. Isbrandtsen Co. v. Johnson , 343 U.S. 779, 783 (1952); Astoria Federal Savings & Loan Assn. v. Solimino , 501 U.S. 104, 108 (1991). In such cases, Congress does not write upon a clean slate. Astoria , 501 U.S. at 108. In order to abrogate a common-law principle,
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#17327722088553652-573: A product defect, and if a part was built up out of parts from parts manufacturers, the ultimate buyer could not recover for injury caused by a defect in the part. In an 1842 English case, Winterbottom v Wright , the postal service had contracted with Wright to maintain its coaches. Winterbottom was a driver for the post. When the coach failed and injured Winterbottom, he sued Wright. The Winterbottom court recognized that there would be "absurd and outrageous consequences" if an injured person could sue any person peripherally involved, and knew it had to draw
3818-421: A renaming that Hitler initially objected to. The National Socialist Program , or "25 Points", was adopted in 1920 and called for a united Greater Germany that would deny citizenship to Jews or those of Jewish descent, while also supporting land reform and the nationalisation of some industries. In Mein Kampf ("My Struggle"), published in 1925–1926, Hitler outlined the antisemitism and anti-communism at
3984-402: A similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a " case of first impression " with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was "common" to all the king's courts across England, originated in the practices of
4150-695: A simplified and easily-digestible world-view based on a political mythology for the masses. Adolf Hitler himself along with other members of the National Socialist German Workers' Party (German: Nationalsozialistische Deutsche Arbeiterpartei , NSDAP) in the Weimar Republic (1918–1933) were greatly influenced by several 19th- and early 20th-century thinkers and proponents of philosophical, onto-epistemic, and theoretical perspectives on ecological anthropology , scientific racism , holistic science , and organicism regarding
4316-752: A single Jewish idea". The Protocols of the Elders of Zion (1912) is an antisemitic forgery created by the secret service of the Russian Empire , the Okhrana . Many antisemites believed it was real and thus it became widely popular after World War I. The Protocols claimed that there was a secret international Jewish conspiracy to take over the world. Hitler had been introduced to The Protocols by Alfred Rosenberg and from 1920 onwards he focused his attacks by claiming that Judaism and Marxism were directly connected, that Jews and Bolsheviks were one and
4482-605: A strong allegiance to a large body of precedent, parties have less a priori guidance (unless the written law is very clear and kept updated) and must often leave a bigger "safety margin" of unexploited opportunities, and final determinations are reached only after far larger expenditures on legal fees by the parties. This is the reason for the frequent choice of the law of the State of New York in commercial contracts, even when neither entity has extensive contacts with New York—and remarkably often even when neither party has contacts with
4648-986: A temporary strategic alliance between Nazi Germany and the Soviet Union to form a common anti-liberal front so they could defeat liberal democracies, particularly France . Hitler admired the British Empire and its colonial system as living proof of Germanic superiority over "inferior" races and saw the United Kingdom as Germany's natural ally. He wrote in Mein Kampf : "For a long time to come there will be only two Powers in Europe with which it may be possible for Germany to conclude an alliance. These Powers are Great Britain and Italy." The historical roots of Nazism are to be found in various elements of European political culture which were in circulation in
4814-402: A unified system of law "common" to the country through incorporating and elevating local custom to the national, ending local control and peculiarities, eliminating arbitrary remedies and reinstating a jury system—citizens sworn on oath to investigate reliable criminal accusations and civil claims. The jury reached its verdict through evaluating common local knowledge , not necessarily through
4980-495: Is a good example of how they function. Founded in 1316, it is only one of about 250 examples of foundations that are older than 500 years which still exist today. The foundation provides geriatric services for the citizens of the burger, and is funded by the vineyard on the foundations estates. The well-known social housing Stiftung, Fuggerei in Augsburg , which is regarded as the oldest still existing social housing settlement,
5146-505: Is a strength of common law systems, and is a significant contributor to the robust commercial systems in the United Kingdom and United States. Because there is reasonably precise guidance on almost every issue, parties (especially commercial parties) can predict whether a proposed course of action is likely to be lawful or unlawful, and have some assurance of consistency. As Justice Brandeis famously expressed it, "in most matters it
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5312-633: Is controlling, and a panel decision may only be overruled by the court of appeals sitting en banc (that is, all active judges of the court) or by a higher court. In these courts, the older decision remains controlling when an issue comes up the third time. Other courts, for example, the Court of Appeals for the Federal Circuit (formerly known as Court of Customs and Patent Appeals) and the US Supreme Court , always sit en banc , and thus
5478-499: Is destruction. What is true of the coffee urn is equally true of bottles of aerated water ( Torgesen v. Schultz , 192 N. Y. 156). We have mentioned only cases in this court. But the rule has received a like extension in our courts of intermediate appeal. In Burke v. Ireland (26 App. Div. 487), in an opinion by CULLEN, J., it was applied to a builder who constructed a defective building; in Kahner v. Otis Elevator Co. (96 App. Div. 169) to
5644-465: Is determined for its part ruthlessly to seize the reins of power—that is the beginning of resistance of which I spoke a few minutes ago. Hitler at times redefined socialism. When George Sylvester Viereck interviewed Hitler in October 1923 and asked him why he referred to his party as 'socialists' he replied: Socialism is the science of dealing with the common weal. Communism is not Socialism. Marxism
5810-477: Is inferrable as a synthesis of the "thing of danger" principle stated in them, merely extending it to "foreseeable danger" even if "the purposes for which it was designed" were not themselves "a source of great danger". MacPherson takes some care to present itself as foreseeable progression, not a wild departure. Cardozo continues to adhere to the original principle of Winterbottom , that "absurd and outrageous consequences" must be avoided, and he does so by drawing
5976-539: Is more important that the applicable rule of law be settled than that it be settled right." This ability to predict gives more freedom to come close to the boundaries of the law. For example, many commercial contracts are more economically efficient, and create greater wealth, because the parties know ahead of time that the proposed arrangement, though perhaps close to the line, is almost certainly legal. Newspapers, taxpayer-funded entities with some religious affiliation, and political parties can obtain fairly clear guidance on
6142-531: Is not Socialism. The Marxians have stolen the term and confused its meaning. I shall take Socialism away from the Socialists. Socialism is an ancient Aryan, Germanic institution. Our German ancestors held certain lands in common. They cultivated the idea of the common weal. Marxism has no right to disguise itself as socialism. Socialism, unlike Marxism, does not repudiate private property. Unlike Marxism, it involves no negation of personality, and unlike Marxism, it
6308-512: Is outlawed in many European countries, including Germany and Austria. The full name of the Nazi Party was Nationalsozialistische Deutsche Arbeiterpartei ( German for 'National Socialist German Workers' Party') and they officially used the acronym NSDAP. The term "nazi" had been in use, before the rise of the NSDAP, as a colloquial and derogatory word for a backwards farmer or peasant . It characterised an awkward and clumsy person,
6474-404: Is patriotic. In 1929, Hitler gave a speech to a group of Nazi leaders and simplified 'socialism' to mean, "Socialism! That is an unfortunate word altogether... What does socialism really mean? If people have something to eat and their pleasures, then they have their socialism." When asked in an interview on 27 January 1934 whether he supported the "bourgeois right-wing", Hitler claimed that Nazism
6640-424: Is shown) reinterpret and revise the law, without legislative intervention, to adapt to new trends in political, legal and social philosophy . Second, the common law evolves through a series of gradual steps , that gradually works out all the details, so that over a decade or more, the law can change substantially but without a sharp break, thereby reducing disruptive effects. In contrast to common law incrementalism,
6806-576: Is that legislatures may take away common law rights, but modern jurisprudence will look for the statutory purpose or legislative intent and apply rules of statutory construction like the plain meaning rule to reach decisions. As the United States Supreme Court explained in United States v Texas , 507 U.S. 529 (1993): Just as longstanding is the principle that "[s]tatutes which invade the common law ... are to be read with
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6972-493: Is the far-right totalitarian socio-political ideology and practices associated with Adolf Hitler and the Nazi Party (NSDAP) in Germany. During Hitler's rise to power in 1930s Europe, it was frequently referred to as Hitler Fascism (German: Hitlerfaschismus ) and Hitlerism (German: Hitlerismus ). The later related term " neo-Nazism " is applied to other far-right groups with similar ideas which formed after
7138-468: Is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes , it is largely based on precedent —judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in stare decisis ("to stand by things decided"), where courts follow precedents established by previous decisions. When
7304-508: Is to injure or destroy. But whatever the rule in Thomas v. Winchester may once have been, it has no longer that restricted meaning. A scaffold ( Devlin v. Smith , supra) is not inherently a destructive instrument. It becomes destructive only if imperfectly constructed. A large coffee urn ( Statler v. Ray Mfg. Co. , supra) may have within itself, if negligently made, the potency of danger, yet no one thinks of it as an implement whose normal function
7470-700: The Schutzstaffel (SS) functioned as the paramilitary organisations of the Nazi Party. Using the SS for the task, Hitler purged the party's more socially and economically radical factions in the mid-1934 Night of the Long Knives , including the leadership of the SA. After the death of President Hindenburg on 2 August 1934, political power was concentrated in Hitler's hands and he became Germany's head of state as well as
7636-623: The High Court of Justiciary has this power instead (except on questions of law relating to reserved matters such as devolution and human rights). From 1966 to 2009, this power lay with the House of Lords , granted by the Practice Statement of 1966. Canada's federal system, described below , avoids regional variability of federal law by giving national jurisdiction to both layers of appellate courts. The reliance on judicial opinion
7802-606: The Second World War when the Third Reich collapsed. Nazism is a form of fascism , with disdain for liberal democracy and the parliamentary system . It incorporates a dictatorship , fervent antisemitism , anti-communism , anti-Slavism , anti-Romani sentiment , scientific racism , white supremacy , Nordicism , social Darwinism , homophobia , ableism , and the use of eugenics into its creed. Its extreme nationalism originated in pan-Germanism and
7968-645: The Soviet Union 's leader Joseph Stalin and Stalinism on numerous occasions. Hitler commended Stalin for seeking to purify the Communist Party of the Soviet Union of Jewish influences, noting Stalin's purging of Jewish communists such as Leon Trotsky , Grigory Zinoviev , Lev Kamenev and Karl Radek . While Hitler had always intended to bring Germany into conflict with the Soviet Union so he could gain Lebensraum ("living space"), he supported
8134-486: The Soviet Union . The Nazi Party won the greatest share of the popular vote in the two Reichstag general elections of 1932, making them the largest party in the legislature by far, albeit still short of an outright majority ( 37.3% on 31 July 1932 and 33.1% on 6 November 1932 ). Because none of the parties were willing or able to put together a coalition government, Hitler was appointed Chancellor of Germany on 30 January 1933 by President Paul von Hindenburg through
8300-438: The common law notion of trusts . The founders also have the right to transfer and terminate the foundation. Stiftungen are purely non-profit enterprises and commercial activities are generally not permitted to be conducted by them. This is the primary difference between an Anstalt and a Stiftung. Stiftungen are usually administered by a board of trustees , and there is no registration required to establish them. The idea of
8466-826: The early modern era, the Francke Foundation in Halle was founded in 1698, the Foundation Städelsches Kunstinstitut in 1815, and the Carl-Zeiss-Stiftung in 1889. The 20th century was a low point for Stiftungen. The hyperinflation of the 1920-1930s, the rise of the third Reich , and the division of Germany, especially communist control of East Germany, resulted in the decline in the formation of new Stiftungen, and many older foundations dissolved. During National Socialist rule, foundations that did not exclusively benefit
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#17327722088558632-554: The ethno-nationalist Völkisch movement which had been a prominent aspect of German ultranationalism since the late 19th century. Nazism was strongly influenced by the Freikorps paramilitary groups that emerged after Germany's defeat in World War I , from which came the party's underlying "cult of violence". It subscribed to pseudo-scientific theories of a racial hierarchy , identifying ethnic Germans as part of what
8798-415: The far-right political canard which was popular when the ethnic völkisch movement and its politics of Romantic nationalism for establishing a Großdeutschland was strong. Nazism's racial policy positions may have developed from the views of important biologists of the 19th century, including French biologist Jean-Baptiste Lamarck , through Ernst Haeckel 's idealist version of Lamarckism and
8964-646: The jury , ordeals , the penalty of outlawry , and writs – all of which were incorporated into the Norman common law – is still a subject of much discussion. Additionally, the Catholic Church operated its own court system that adjudicated issues of canon law . The main sources for the history of the common law in the Middle Ages are the plea rolls and the Year Books . The plea rolls, which were
9130-468: The later decision controls. These courts essentially overrule all previous cases in each new case, and older cases survive only to the extent they do not conflict with newer cases. The interpretations of these courts—for example, Supreme Court interpretations of the constitution or federal statutes—are stable only so long as the older interpretation maintains the support of a majority of the court. Older decisions persist through some combination of belief that
9296-409: The 1180s) from his Curia Regis to hear the various disputes throughout the country, and return to the court thereafter. The king's itinerant justices would generally receive a writ or commission under the great seal. They would then resolve disputes on an ad hoc basis according to what they interpreted the customs to be. The king's judges would then return to London and often discuss their cases and
9462-650: The 13th century to the 17th, can be viewed online at the Anglo-American Legal Tradition site (The O'Quinn Law Library of the University of Houston Law Center). The doctrine of precedent developed during the 12th and 13th centuries, as the collective judicial decisions that were based in tradition, custom and precedent . The form of reasoning used in common law is known as casuistry or case-based reasoning . The common law, as applied in civil cases (as distinct from criminal cases ),
9628-479: The 13th century, many social structures changed including considerable urbanization. Numerous Stiftung foundations were created at this time and many have survived the vicissitudes of history. Stiftung foundations took on a distinctly non-profit nature in response to the invention of corporations under the legal scholar and Pope Innocent IV . The Stiftung foundation of Bürgerspital zum Heiligen Geist in Würzburg
9794-505: The 1870s, German völkisch nationalism began to adopt antisemitic and racist themes and it was also adopted by a number of radical right political movements. Radical antisemitism was promoted by prominent advocates of völkisch nationalism, including Eugen Diederichs , Paul de Lagarde and Julius Langbehn . De Lagarde called the Jews a " bacillus , the carriers of decay ... who pollute every national culture ... and destroy all faiths with their materialistic liberalism" and he called for
9960-546: The Bavarian Soviet Republic and he stated that he became an antisemite in 1913 during his years in Vienna. This statement has been disputed by the contention that he was not an antisemite at that time, even though it is well established that he read many antisemitic tracts and journals during that time and admired Karl Lueger , the antisemitic mayor of Vienna. Hitler altered his political views in response to
10126-633: The DNVP lost many of its seats in the Reichstag . The Nazis denounced them as "an insignificant heap of reactionaries". The DNVP responded by denouncing the Nazis for their "socialism", their street violence and the "economic experiments" that would take place if the Nazis ever rose to power. However, amidst an inconclusive political situation in which conservative politicians Franz von Papen and Kurt von Schleicher were unable to form stable governments without
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#173277220885510292-503: The German ( Aryan ) people were officially classified as "non-charitable". Since this directly affected their taxation status, it allowed the government to deduct assets. Furthermore, Jewish-ran foundations were simply seized outright during National Socialist rule, and the revenue went directly to the German government. Many Jewish foundations were liquidated and looted. Those foundations that did continue to exist were Aryanised and given Nazi-friendly leadership. As of 2000, changes in
10458-660: The German Army and several prominent industrialists, formed an alliance in opposition to the Weimar Republic on 11 October 1931 in Bad Harzburg , officially known as the "National Front", but commonly referred to as the Harzburg Front . The Nazis stated that the alliance was purely tactical and they continued to have differences with the DNVP. After the elections of July 1932, the alliance broke down when
10624-726: The German Nation (1808), written amid the First French Empire 's occupation of Berlin during the Napoleonic Wars , Fichte called for a German national revolution against the French Imperial Army occupiers, making passionate public speeches, arming his students for battle against the French and stressing the need for action by the German nation so it could free itself. Fichte's German nationalism
10790-570: The German politician Friedrich Naumann formed the National-Social Association which aimed to combine German nationalism and a non-Marxist form of socialism together; the attempt turned out to be futile and the idea of linking nationalism with socialism quickly became equated with antisemites, extreme German nationalists and the völkisch movement in general. During the era of the German Empire , völkisch nationalism
10956-540: The Great Hall of the king's Palace of Westminster , permanently except in the vacations between the four terms of the Legal year . Judge-made common law operated as the primary source of law for several hundred years, before Parliament acquired legislative powers to create statutory law . In England, judges have devised a number of rules as to how to deal with precedent decisions . The early development of case-law in
11122-634: The Jewish population of Europe – were eventually exterminated in a genocide which became known as the Holocaust . Following Germany's defeat in World War II and the discovery of the full extent of the Holocaust, Nazi ideology became universally disgraced. It is widely regarded as evil , with only a few fringe racist groups, usually referred to as neo-Nazis, describing themselves as followers of National Socialism. The use of Nazi symbols
11288-526: The NSDAP's name, Nationalsozialistische , to the dismissive "Nazi", in order to associate them with the derogatory use of the aforementioned term. The first use of the term "Nazi" by the National Socialists occurred in 1926 in a publication by Joseph Goebbels called Der Nazi-Sozi ["The Nazi-Sozi"]. In Goebbels' pamphlet, the word "Nazi" only appears when linked with the word "Sozi" as an abbreviation of "National Socialism". After
11454-413: The NSDAP's rise to power in the 1930s, the use of the term "Nazi" by itself or in terms such as " Nazi Germany ", " Nazi regime ", and so on was popularised by German exiles outside the country, but not in Germany. From them, the term spread into other languages and it was eventually brought back into Germany after World War II. The NSDAP briefly adopted the designation "Nazi" in an attempt to reappropriate
11620-486: The Nazi Party emerged from obscurity to become a major political force after 1929, the conservative faction rapidly gained more influence, as wealthy donors took an interest in the Nazis as a potential bulwark against communism. The Nazi Party had previously been financed almost entirely from membership dues, but after 1929 its leadership began actively seeking donations from German industrialists, and Hitler began holding dozens of fundraising meetings with business leaders. In
11786-471: The Nazi Party. His four sons, including Prince Eitel Friedrich and Prince Oskar , became members of the Nazi Party in hopes that in exchange for their support, the Nazis would permit the restoration of the monarchy. Hitler dismissed the possibility of a restored monarchy, calling it "idiotic." Wilhelm grew to distrust Hitler and was appalled at the Kristallnacht of 9–10 November 1938, stating, "For
11952-576: The Nazi movement the Heil greeting, the Führer title and the model of absolute party leadership. Hitler was also impressed by the populist antisemitism and the anti-liberal bourgeois agitation of Karl Lueger , who as the mayor of Vienna during Hitler's time in the city used a rabble-rousing style of oratory that appealed to the wider masses. Unlike von Schönerer, Lueger was not a German nationalist and instead
12118-454: The Nazi seizure of power, there were even Social Democrats and Communists who switched sides and became known as " Beefsteak Nazis ": brown on the outside and red inside. The leader of the SA, Ernst Röhm , pushed for a "second revolution" (the "first revolution" being the Nazis' seizure of power) that would enact socialist policies. Furthermore, Röhm desired that the SA absorb the much smaller German Army into its ranks under his leadership. Once
12284-400: The Nazis achieved power, Röhm's SA was directed by Hitler to violently suppress the parties of the left, but they also began attacks against individuals deemed to be associated with conservative reaction. Hitler saw Röhm's independent actions as violating and possibly threatening his leadership, as well as jeopardising the regime by alienating the conservative President Paul von Hindenburg and
12450-487: The Nazis as a useful ally to promote their interests. Business groups made significant financial contributions to the Nazi Party both before and after the Nazi seizure of power, in the hope that a Nazi dictatorship would eliminate the organised labour movement and the left-wing parties. Hitler actively sought to gain the support of business leaders by arguing that private enterprise is incompatible with democracy. Although he opposed communist ideology, Hitler publicly praised
12616-576: The Nazis regarded as an Aryan or Nordic master race . Nazism sought to overcome social divisions and create a homogeneous German society based on racial purity which represented a people's community ( Volksgemeinschaft ). The Nazis aimed to unite all Germans living in historically German territory, as well as gain additional lands for German expansion under the doctrine of Lebensraum and exclude those whom they deemed either Community Aliens or "inferior" races ( Untermenschen ). The term "National Socialism" arose out of attempts to create
12782-478: The Nazis, Papen proposed to President Hindenburg to appoint Hitler as Chancellor at the head of a government formed primarily of conservatives, with only three Nazi ministers. Hindenburg did so, and contrary to the expectations of Papen and the DNVP, Hitler was soon able to establish a Nazi one-party dictatorship. Kaiser Wilhelm II , who was pressured to abdicate the throne and flee into exile amidst an attempted communist revolution in Germany, initially supported
12948-527: The Nineteenth Century (1899), praised Germanic peoples for their creativity and idealism while asserting that the Germanic spirit was threatened by a "Jewish" spirit of selfishness and materialism . Chamberlain used his thesis to promote monarchical conservatism while denouncing democracy , liberalism and socialism . The book became popular, especially in Germany. Chamberlain stressed
13114-710: The Pan-German Großdeutschland ("Greater Germany") which the Nazis advocated, Hitler stated that Bismarck's attainment of Kleindeutschland was the "highest achievement" Bismarck could have achieved "within the limits possible at that time". In Mein Kampf , Hitler presented himself as a "second Bismarck". During his youth in Austria, Hitler was politically influenced by Austrian Pan-Germanist proponent Georg Ritter von Schönerer , who advocated radical German nationalism , antisemitism, anti-Catholicism , anti-Slavic sentiment and anti-Habsburg views. From von Schönerer and his followers, Hitler adopted for
13280-587: The Semitic race, which they associated with "cultural sterility". Arthur de Gobineau , a French racial theorist and aristocrat, blamed the fall of the ancien régime in France on racial degeneracy caused by racial intermixing , which he argued had destroyed the purity of the Aryan race, a term which he only reserved for Germanic people. Gobineau's theories, which attracted a strong following in Germany, emphasised
13446-522: The United Kingdom (including its overseas territories such as Gibraltar), the United States (both the federal system and all 50 states save Louisiana ), and Zimbabwe. According to Black's Law Dictionary , common law is "the body of law derived from judicial decisions , rather than from statutes or constitutions ." Legal systems that rely on common law as precedent are known as "common law jurisdictions," while those that do not are referred to as " civil law " or " code " jurisdictions. Until
13612-425: The United States' commercial center, New York common law has a depth and predictability not (yet) available in any other jurisdictions of the United States. Similarly, American corporations are often formed under Delaware corporate law , and American contracts relating to corporate law issues ( merger and acquisitions of companies, rights of shareholders, and so on) include a Delaware choice of law clause, because of
13778-559: The United States. Commercial contracts almost always include a "choice of law clause" to reduce uncertainty. Somewhat surprisingly, contracts throughout the world (for example, contracts involving parties in Japan, France and Germany, and from most of the other states of the United States) often choose the law of New York, even where the relationship of the parties and transaction to New York is quite attenuated. Because of its history as
13944-546: The Weimar Republic for signing the armistice in November 1918 which later led it to sign the Treaty of Versailles. A major inspiration for the Nazis were the far-right nationalist Freikorps , paramilitary organisations that engaged in political violence after World War I. Initially, the post–World War I German far-right was dominated by monarchists , but the younger generation, which was associated with völkisch nationalism,
14110-626: The afternoon, even after he became Chancellor and then Führer. After the war, his battalion was absorbed by the Bavarian Soviet Republic from 1918 to 1919, where he was elected Deputy Battalion Representative. According to historian Thomas Weber , Hitler attended the funeral of communist Kurt Eisner (a German Jew), wearing a black mourning armband on one arm and a red communist armband on the other, which he took as evidence that Hitler's political beliefs had not yet solidified. In Mein Kampf , Hitler never mentioned any service with
14276-412: The application of law to specific facts. The United States federal courts are divided into twelve regional circuits, each with a circuit court of appeals (plus a thirteenth, the Court of Appeals for the Federal Circuit , which hears appeals in patent cases and cases against the federal government, without geographic limitation). Decisions of one circuit court are binding on the district courts within
14442-422: The boundaries within which their freedom of expression rights apply. In contrast, in jurisdictions with very weak respect for precedent, fine questions of law are redetermined anew each time they arise, making consistency and prediction more difficult, and procedures far more protracted than necessary because parties cannot rely on written statements of law as reliable guides. In jurisdictions that do not have
14608-485: The charitable law and the foundation civil law and the associated broader public debate on the meaning and value of foundations, together with the strong growth of private assets and the re-emergence of the concept of citizenship, have ensured that as many foundations are formed in a year today as were in a decade at the end of the 20th century. In addition to private donors, companies, associations, and local authorities are also increasingly active as founders. Stiftungen are
14774-399: The circuit and on the circuit court itself, but are only persuasive authority on sister circuits. District court decisions are not binding precedent at all, only persuasive. Most of the U.S. federal courts of appeal have adopted a rule under which, in the event of any conflict in decisions of panels (most of the courts of appeal almost always sit in panels of three), the earlier panel decision
14940-860: The common law, or legislatively overrule the common law. Common law still has practical applications in some areas of law. Examples are contract law and the law of torts . At earlier stages in the development of modern legal systems and government, courts exercised their authority in performing what Roscoe Pound described as an essentially legislative function. As legislation became more comprehensive, courts began to operate within narrower limits of statutory interpretation . Jeremy Bentham famously criticized judicial lawmaking when he argued in favor of codification and narrow judicial decisions. Pound comments that critics of judicial lawmaking are not always consistent - sometimes siding with Bentham and decrying judicial overreach, at other times unsatisfied with judicial reluctance to sweep broadly and employ case law as
15106-438: The concept of the Aryan race to draw a distinction between what they deemed to be "high and noble" Aryan culture versus that of "parasitic" Semitic culture. Notions of white supremacy and Aryan racial superiority were combined in the 19th century, with white supremacists maintaining the belief that certain groups of white people were members of an Aryan "master race" that is superior to other races and particularly superior to
15272-415: The consequences to be expected. If to the element of danger there is added knowledge that the thing will be used by persons other than the purchaser, and used without new tests then, irrespective of contract, the manufacturer of this thing of danger is under a duty to make it carefully. ... There must be knowledge of a danger, not merely possible, but probable. Cardozo's new "rule" exists in no prior case, but
15438-661: The conservative-oriented German Army. This resulted in Hitler purging Röhm and other radical members of the SA in 1934, in what came to be known as the Night of the Long Knives . Before he joined the Bavarian Army to fight in World War I, Hitler had lived a bohemian lifestyle as a petty street watercolour artist in Vienna and Munich and he maintained elements of this lifestyle later on, going to bed very late and rising in
15604-604: The constitution of complex systems and theorization of organic-racial societies. In particular, one of the most significant ideological influences on the Nazis was the 19th-century German nationalist philosopher Johann Gottlieb Fichte , whose works had served as an inspiration to Hitler and other Nazi Party members, and whose ideas were implemented among the philosophical and ideological foundations of Nazi-oriented Völkisch nationalism . Fichte's works served as an inspiration to Hitler and other Nazi Party members, including Dietrich Eckart and Arnold Fanck . In Speeches to
15770-604: The courts of the English kings in the centuries following the Norman Conquest in 1066. England spread the English legal system across the British Isles, first to Wales, and then to Ireland and overseas colonies ; this was continued by the later British Empire . Many former colonies retain the common law system today. These common law systems are legal systems that give great weight to judicial precedent, and to
15936-550: The decay of morals, denounced the destruction of the natural environment and condemned "cosmopolitan" cultures such as Jews and Romani. The first party that attempted to combine nationalism and socialism was the (Austria-Hungary) German Workers' Party , which predominantly aimed to solve the conflict between the Austrian Germans and the Czechs in the multi-ethnic Austrian Empire , then part of Austria-Hungary . In 1896
16102-516: The decisions they made with the other judges. These decisions would be recorded and filed. In time, a rule, known as stare decisis (also commonly known as precedent) developed, whereby a judge would be bound to follow the decision of an earlier judge; he was required to adopt the earlier judge's interpretation of the law and apply the same principles promulgated by that earlier judge if the two cases had similar facts to one another. Once judges began to regard each other's decisions to be binding precedent,
16268-542: The deep body of law in Delaware on these issues. On the other hand, some other jurisdictions have sufficiently developed bodies of law so that parties have no real motivation to choose the law of a foreign jurisdiction (for example, England and Wales, and the state of California), but not yet so fully developed that parties with no relationship to the jurisdiction choose that law. Outside the United States, parties that are in different jurisdictions from each other often choose
16434-529: The disarmament of Germany, whereas the truth is that this is the policy of traitors ... But the politicians of the Right deserve exactly the same reproach. It was through their miserable cowardice that those ruffians of Jews who came into power in 1918 were able to rob the nation of its arms. In a speech given in Munich on 12 April 1922, Hitler stated: There are only two possibilities in Germany; do not imagine that
16600-485: The early 20th century, common law was widely considered to derive its authority from ancient Anglo-Saxon customs. Well into the 19th century, common law was still defined as an ancient, unwritten law in legal dictionaries including Bouvier's Law Dictionary and Black's Law Dictionary . The term "judge-made law" was introduced by Jeremy Bentham as a criticism of this pretense of the legal profession but acceptance of William Blackstone 's declaratory theory of common law
16766-494: The emergence of a consensus from a multitude of particularized prior decisions". Justice Cardozo noted the "common law does not work from pre-established truths of universal and inflexible validity to conclusions derived from them deductively", but "[i]ts method is inductive, and it draws its generalizations from particulars". The common law is more malleable than statutory law. First, common law courts are not absolutely bound by precedent, but can (when extraordinarily good reason
16932-430: The existence of an irreconcilable polarity between Aryan ( Germanic ) and Jewish cultures . Aryan mysticism claimed that Christianity originated in Aryan religious traditions, and that Jews had usurped the legend from Aryans. Houston Stewart Chamberlain , an English-born German proponent of racial theory, supported notions of Germanic supremacy and antisemitism in Germany. Chamberlain's work, The Foundations of
17098-427: The existence of interracial struggle and put races on a hierarchy of evolution, ranging from wholly human to subhuman . Mendelian inheritance , or Mendelism, was supported by the Nazis, as well as by mainstream eugenicists of the time. The Mendelian theory of inheritance declared that genetic traits and attributes were passed from one generation to another. Eugenicists used Mendelian inheritance theory to demonstrate
17264-492: The extermination of the Jews. Langbehn called for a war of annihilation against the Jews, and his genocidal policies were later published by the Nazis and given to soldiers on the front during World War II . One antisemitic ideologue of the period, Friedrich Lange , even used the term "National Socialism" to describe his own anti-capitalist take on the völkisch nationalist template. Johann Gottlieb Fichte accused Jews in Germany of having been and inevitably of continuing to be
17430-520: The fact that words in European languages and words in Indo-Iranian languages have similar pronunciations and meanings. Johann Gottfried Herder argued that the Germanic peoples held close racial connections to the ancient Indians and the ancient Persians, who he claimed were advanced peoples that possessed a great capacity for wisdom, nobility, restraint and science. Contemporaries of Herder used
17596-576: The father of genetics , German botanist Gregor Mendel . Haeckel's works were later condemned by the Nazis as inappropriate for "National-Socialist formation and education in the Third Reich". This may have been because of his " monist " atheistic , materialist philosophy, which the Nazis disliked, along with his friendliness to Jews, opposition to militarism and support altruism, with one Nazi official calling for them to be banned. Unlike Darwinian theory, Lamarckian theory officially ranked races in
17762-573: The fields of agricultural and industrial labour. German Jewish financiers and bankers played a key role in fostering Germany's economic growth from 1871 to 1913 and they benefited enormously from this boom. In 1908, amongst the twenty-nine wealthiest German families with aggregate fortunes of up to 55 million marks at the time, five were Jewish and the Rothschilds were the second wealthiest German family. The predominance of Jews in Germany's banking, commerce and industry sectors during this time period
17928-469: The first time, I am ashamed to be a German." The former German emperor also denounced the Nazis as a "bunch of shirted gangsters" and "a mob ... led by a thousand liars or fanatics." There were factions within the Nazi Party, both conservative and radical. The conservative Nazi Hermann Göring urged Hitler to conciliate with capitalists and reactionaries . Other prominent conservative Nazis included Heinrich Himmler and Reinhard Heydrich . Meanwhile,
18094-605: The general public. After the American Revolution, Massachusetts became the first state to establish an official Reporter of Decisions. As newer states needed law, they often looked first to the Massachusetts Reports for authoritative precedents as a basis for their own common law. The United States federal courts relied on private publishers until after the Civil War, and only began publishing as
18260-454: The government. Eyres (a Norman French word for judicial circuit, originating from Latin iter ) are more than just courts; they would supervise local government, raise revenue, investigate crimes, and enforce feudal rights of the king. There were complaints of the eyre of 1198 reducing the kingdom to poverty and Cornishmen fleeing to escape the eyre of 1233. Henry II's creation of a powerful and unified court system, which curbed somewhat
18426-419: The gradual change that typifies evolution of the common law is the gradual change in liability for negligence. The traditional common law rule through most of the 19th century was that a plaintiff could not recover for a defendant's negligent production or distribution of a harmful instrumentality unless the two were parties to a contract ( privity of contract ). Thus, only the immediate purchaser could recover for
18592-512: The head of the government, with the title of Führer und Reichskanzler , meaning "leader and Chancellor of Germany" (see also here ). From that point, Hitler was effectively the dictator of Nazi Germany—also known as the Third Reich—under which Jews, political opponents and other "undesirable" elements were marginalised, imprisoned or murdered . During World War II , many millions of people – including around two-thirds of
18758-488: The heart of his political philosophy as well as his disdain for representative democracy , over which he proposed the Führerprinzip ( leader principle ), and his belief in Germany's right to territorial expansion through lebensraum . Hitler's objectives involved the eastward expansion of German territories, German colonization of Eastern Europe, and the promotion of an alliance with Britain and Italy against
18924-555: The induction of the Nuremberg Race Laws in 1935 by the Nazis, many German nationalists such as Roland Freisler strongly supported laws to ban Rassenschande between Aryans and Jews as racial treason. Even before the laws were officially passed, the Nazis banned sexual relations and marriages between party members and Jews. Party members found guilty of Rassenschande were severely punished; some party members were even sentenced to death. The Nazis claimed that Bismarck
19090-518: The intellectual capitals of the continent, what Joachim Fest called the "scrapheap of ideas" prevalent at the time. In Hitler and the Collapse of the Weimar Republic , historian Martin Broszat points out that [A]lmost all essential elements of ... Nazi ideology were to be found in the radical positions of ideological protest movements [in pre-1914 Germany]. These were: a virulent anti-Semitism,
19256-486: The law is" in a given situation. First, one must ascertain the facts. Then, one must locate any relevant statutes and cases. Then one must extract the principles, analogies and statements by various courts of what they consider important to determine how the next court is likely to rule on the facts of the present case. More recent decisions, and decisions of higher courts or legislatures carry more weight than earlier cases and those of lower courts. Finally, one integrates all
19422-537: The law of England and Wales, particularly when the parties are each in former British colonies and members of the Commonwealth. The common theme in all cases is that commercial parties seek predictability and simplicity in their contractual relations, and frequently choose the law of a common law jurisdiction with a well-developed body of common law to achieve that result. Likewise, for litigation of commercial disputes arising out of unpredictable torts (as opposed to
19588-422: The legislative process is very difficult to get started, as the work begins much earlier than just introducing a bill. Once the legislation is introduced, the process to getting it passed is long, involving the committee system, debate, the potential of conference committee, voting, and President approval. Because of the involved process, many pieces must fall into place in order for it to be passed. One example of
19754-420: The legislature has had the foresight and diligence to address the precise set of facts applicable to a particular situation. For that reason, civil law statutes tend to be somewhat more detailed than statutes written by common law legislatures—but, conversely, that tends to make the statute more difficult to read. The common law—so named because it was "common" to all the king's courts across England—originated in
19920-473: The lines drawn and reasons given, and determines "what the law is". Then, one applies that law to the facts. In practice, common law systems are considerably more complicated than the simplified system described above. The decisions of a court are binding only in a particular jurisdiction , and even within a given jurisdiction, some courts have more power than others. For example, in most jurisdictions, decisions by appellate courts are binding on lower courts in
20086-508: The main priority of economic organisation, which tended to match the general outlook of collectivism or communitarianism rather than economic socialism. The Nazi Party's precursor, the pan-German nationalist and antisemitic German Workers' Party (DAP), was founded on 5 January 1919. By the early 1920s, the party was renamed the National Socialist German Workers' Party in order to appeal to left-wing workers,
20252-475: The manufacturer of an elevator; in Davies v. Pelham Hod Elevating Co. (65 Hun, 573; affirmed in this court without opinion, 146 N. Y. 363) to a contractor who furnished a defective rope with knowledge of the purpose for which the rope was to be used. We are not required at this time either to approve or to disapprove the application of the rule that was made in these cases. It is enough that they help to characterize
20418-528: The midst of the Great Depression, facing the possibility of economic ruin on the one hand and a Communist or Social Democrat government on the other hand, German business increasingly turned to Nazism as offering a way out of the situation, by promising a state-driven economy that would support, rather than attack, existing business interests. By January 1933, the Nazi Party had secured the support of important sectors of German industry, mainly among
20584-472: The more controversial clauses of the Constitutions of Clarendon . Henry nevertheless continued to exert influence in any ecclesiastical case which interested him and royal power was exercised more subtly with considerable success. The English Court of Common Pleas was established after Magna Carta to try lawsuits between commoners in which the monarch had no interest. Its judges sat in open court in
20750-424: The most important factor in the boundary would be the nature of the thing sold and the foreseeable uses that downstream purchasers would make of the thing. The example of the evolution of the law of negligence in the preceding paragraphs illustrates two crucial principles: (a) The common law evolves, this evolution is in the hands of judges, and judges have "made law" for hundreds of years. (b) The reasons given for
20916-501: The nation. He believed that communism was invented by the Jews to weaken nations by promoting class struggle. After his rise to power, Hitler took a pragmatic position on economics, accepting private property and allowing capitalist private enterprises to exist so long as they adhered to the goals of the Nazi state, but not tolerating enterprises that he saw as being opposed to the national interest. German business leaders disliked Nazi ideology but came to support Hitler, because they saw
21082-577: The official court records for the Courts of Common Pleas and King's Bench, were written in Latin. The rolls were made up in bundles by law term: Hilary, Easter, Trinity, and Michaelmas, or winter, spring, summer, and autumn. They are currently deposited in the UK National Archives , by whose permission images of the rolls for the Courts of Common Pleas, King's Bench, and Exchequer of Pleas, from
21248-594: The old decision is right, and that it is not sufficiently wrong to be overruled. In the jurisdictions of England and Wales and of Northern Ireland , since 2009, the Supreme Court of the United Kingdom has the authority to overrule and unify criminal law decisions of lower courts; it is the final court of appeal for civil law cases in all three of the UK jurisdictions, but not for criminal law cases in Scotland, where
21414-620: The ordinary usage to be contemplated by the vendor". However, held the Cadillac court, "one who manufactures articles dangerous only if defectively made, or installed, e.g., tables, chairs, pictures or mirrors hung on the walls, carriages, automobiles, and so on, is not liable to third parties for injuries caused by them, except in case of willful injury or fraud". Finally, in the famous case of MacPherson v. Buick Motor Co. , in 1916, Judge Benjamin Cardozo for New York's highest court pulled
21580-538: The people will forever go with the middle party, the party of compromises; one day it will turn to those who have most consistently foretold the coming ruin and have sought to dissociate themselves from it. And that party is either the Left: and then God help us! for it will lead us to complete destruction—to Bolshevism, or else it is a party of the Right which at the last, when the people is in utter despair, when it has lost all its spirit and has no longer any faith in anything,
21746-706: The period from the 13th to the 16th centuries, when the common law developed into recognizable form. The term "common law" is often used as a contrast to Roman-derived "civil law", and the fundamental processes and forms of reasoning in the two are quite different. Nonetheless, there has been considerable cross-fertilization of ideas, while the two traditions and sets of foundational principles remain distinct. Nazism Final solution Parties Nazism ( / ˈ n ɑː t s ɪ z əm , ˈ n æ t -/ NA(H)T -siz-əm ), formally National Socialism ( NS ; German : Nationalsozialismus , German: [natsi̯oˈnaːlzotsi̯aˌlɪsmʊs] ),
21912-584: The power of canonical (church) courts, brought him (and England) into conflict with the church, most famously with Thomas Becket , the Archbishop of Canterbury . The murder of the archbishop gave rise to a wave of popular outrage against the King. International pressure on Henry grew, and in May 1172 he negotiated a settlement with the papacy in which the King swore to go on crusade as well as effectively overturned
22078-606: The practices of the courts of the English kings in the centuries following the Norman Conquest in 1066. Prior to the Norman Conquest, much of England's legal business took place in the local folk courts of its various shires and hundreds . A variety of other individual courts also existed across the land: urban boroughs and merchant fairs held their own courts, and large landholders also held their own manorial and seigniorial courts as needed. The degree to which common law drew from earlier Anglo-Saxon traditions such as
22244-420: The pre-Norman system of local customs and law varying in each locality was replaced by a system that was (at least in theory, though not always in practice) common throughout the whole country, hence the name "common law". The king's object was to preserve public order, but providing law and order was also extremely profitable – cases on forest use as well as fines and forfeitures can generate "great treasure" for
22410-540: The presentation of evidence , a distinguishing factor from today's civil and criminal court systems. At the time, royal government centered on the Curia Regis (king's court), the body of aristocrats and prelates who assisted in the administration of the realm and the ancestor of Parliament , the Star Chamber , and Privy Council . Henry II developed the practice of sending judges (numbering around 20 to 30 in
22576-444: The prospective choice of law clauses in contracts discussed in the previous paragraph), certain jurisdictions attract an unusually high fraction of cases, because of the predictability afforded by the depth of decided cases. For example, London is considered the pre-eminent centre for litigation of admiralty cases. This is not to say that common law is better in every situation. For example, civil law can be clearer than case law when
22742-523: The purity of the Nordic race. After reading the book, Hitler called it "my Bible". In Germany, the belief that Jews were economically exploiting Germans became prominent due to the ascendancy of many wealthy Jews into prominent positions upon the unification of Germany in 1871. From 1871 to the early 20th century, German Jews were overrepresented in Germany's upper and middle classes while they were underrepresented in Germany's lower classes, particularly in
22908-461: The radical Nazi Joseph Goebbels opposed capitalism, viewing it as having Jews at its core and he stressed the need for the party to emphasise both a proletarian and a national character. Those views were shared by Otto Strasser , who later left the Nazi Party and formed the Black Front in the belief that Hitler had allegedly betrayed the party's socialist goals by endorsing capitalism. When
23074-490: The rise of Hitler and the Nazis. In addition, the different ideologies incorporated into Nazism were already well established in certain parts of German society long before World War I . The Nazis were strongly influenced by the post–World War I far-right in Germany, which held common beliefs such as anti-Marxism, anti-liberalism and antisemitism, along with nationalism , contempt for the Treaty of Versailles and condemnation of
23240-485: The same and that Marxism was a Jewish ideology-this became known as " Jewish Bolshevism ". Hitler believed that The Protocols were authentic. During his life in Vienna between 1907 and 1913, Hitler became fervently anti-Slavic . Prior to the Nazi ascension to power, Hitler often blamed moral degradation on Rassenschande ("racial defilement"), a way to assure his followers of his continuing antisemitism, which had been toned down for popular consumption. Prior to
23406-435: The same jurisdiction, and on future decisions of the same appellate court, but decisions of lower courts are only non-binding persuasive authority. Interactions between common law, constitutional law , statutory law and regulatory law also give rise to considerable complexity. Oliver Wendell Holmes Jr. cautioned that "the proper derivation of general principles in both common and constitutional law ... arise gradually, in
23572-503: The signing of the Treaty of Versailles in June 1919 and it was then that he became an antisemitic, German nationalist. Hitler expressed opposition to capitalism, regarding it as having Jewish origins and accusing capitalism of holding nations ransom to the interests of a parasitic cosmopolitan rentier class. He also expressed opposition to communism and egalitarian forms of socialism, arguing that inequality and hierarchy are beneficial to
23738-589: The southern and eastern border regions of the Holy Roman Empire , where the theory of Stiftung developed most. Many famous church buildings and monasteries were early foundations of Stiftung activity. Many of the 9th century foundations survive today notably in Wemding , Bavaria which dates back to the 10th century. Otto I donated the lady's donation at Quedlinburg Abbey which lasted from 936 to 1802. When Roman law began to take root in Germany during
23904-499: The statute did not affirmatively require statutory solemnization and was silent as to preexisting common law. Court decisions that analyze, interpret and determine the fine boundaries and distinctions in law promulgated by other bodies are sometimes called "interstitial common law," which includes judicial interpretation of fundamental laws, such as the US Constitution , of legislative statutes, and of agency regulations , and
24070-411: The statute must "speak directly" to the question addressed by the common law. Mobil Oil Corp. v. Higginbotham , 436 U. S. 618, 625 (1978); Milwaukee v. Illinois , 451 U. S. 304, 315 (1981). As another example, the Supreme Court of the United States in 1877, held that a Michigan statute that established rules for solemnization of marriages did not abolish pre-existing common-law marriage , because
24236-463: The steel and coal producers, the insurance business, and the chemical industry. Large segments of the Nazi Party, particularly among the members of the Sturmabteilung (SA), were committed to the party's official socialist, revolutionary and anti-capitalist positions and expected both a social and an economic revolution when the party gained power in 1933. In the period immediately before
24402-812: The style of reasoning inherited from the English legal system. Today, one-third of the world's population lives in common law jurisdictions or in mixed legal systems that combine the common law with the civil law, including Antigua and Barbuda, Australia , The Bahamas , Bangladesh, Barbados, Belize, Botswana, Cameroon, Canada (both the federal system and all its provinces except Quebec), Cyprus , Dominica, Fiji, Ghana, Grenada, Guyana, Hong Kong , India , Ireland , Israel , Jamaica, Kenya, Liberia, Malaysia , Malta , Marshall Islands, Micronesia, Myanmar, Namibia, Nauru, New Zealand , Nigeria, Pakistan , Palau, Papua New Guinea, Philippines, Sierra Leone, Singapore , South Africa , Sri Lanka , Trinidad and Tobago,
24568-687: The support and connivance of traditional conservative nationalists who believed that they could control him and his party. With the use of emergency presidential decrees by Hindenburg and a change in the Weimar Constitution which allowed the Cabinet to rule by direct decree, bypassing both Hindenburg and the Reichstag, the Nazis soon established a one-party state and began the Gleichschaltung . The Sturmabteilung (SA) and
24734-573: The term "Nazi". Hitler Youth leader Melita Maschmann wrote a book about her experience entitled Account Rendered . She did not refer to herself as a "Nazi", even though she was writing well after World War II. In 1933, 581 members of the National Socialist Party answered interview questions put to them by Professor Theodore Abel from Columbia University . They similarly did not refer to themselves as "Nazis". The majority of scholars identify Nazism in both theory and practice as
24900-437: The term, but it soon gave up this effort and generally avoided using the term while it was in power. In each case, the authors typically referred to themselves as "National Socialists" and their movement as "National Socialism", but never as "Nazis". A compendium of Hitler's conversations from 1941 through 1944 entitled Hitler's Table Talk does not contain the word "Nazi" either. In speeches by Hermann Göring , he never uses
25066-463: The thirteenth century has been traced to Bracton 's On the Laws and Customs of England and led to the yearly compilations of court cases known as Year Books , of which the first extant was published in 1268, the same year that Bracton died. The Year Books are known as the law reports of medieval England, and are a principal source for knowledge of the developing legal doctrines, concepts, and methods in
25232-405: The trend of judicial thought. We hold, then, that the principle of Thomas v. Winchester is not limited to poisons, explosives, and things of like nature, to things which in their normal operation are implements of destruction. If the nature of a thing is such that it is reasonably certain to place life and limb in peril when negligently made, it is then a thing of danger. Its nature gives warning of
25398-412: The upper right corner). Stiftungen have a long tradition. Plato established his academy as a foundation, and it lasted from 347 BCE to 529 CE. In the early Middle Ages , many nobles founded towns as Stiftung-like legal entities, a technique which was soon used to establish hospitals, orphanages and other non-profit organizations. It was the establishment of monastic communities, however, mostly in
25564-573: Was Wilhelm Heinrich Riehl , whose work— Land und Leute ( Land and People , written between 1857 and 1863)—collectively tied the organic German Volk to its native landscape and nature, a pairing which stood in stark opposition to the mechanical and materialistic civilisation which was then developing as a result of industrialisation . Geographers Friedrich Ratzel and Karl Haushofer borrowed from Riehl's work as did Nazi ideologues Alfred Rosenberg and Paul Schultze-Naumburg , both of whom employed some of Riehl's philosophy in arguing that "each nation-state
25730-562: Was a pro-Catholic Habsburg supporter and only used German nationalist notions occasionally for his own agenda. Although Hitler praised both Lueger and Schönerer, he criticised the former for not applying a racial doctrine against the Jews and Slavs. The concept of the Aryan race , which the Nazis promoted, stems from racial theories asserting that Europeans are the descendants of Indo-Iranian settlers, people of ancient India and ancient Persia . Proponents of this theory based their assertion on
25896-477: Was an organism that required a particular living space in order to survive". Riehl's influence is overtly discernible in the Blut und Boden ( Blood and Soil ) philosophy introduced by Oswald Spengler , which the Nazi agriculturalist Walther Darré and other prominent Nazis adopted. Völkisch nationalism denounced soulless materialism , individualism and secularised urban industrial society, while advocating
26062-497: Was devised as a means of compensating someone for wrongful acts known as torts , including both intentional torts and torts caused by negligence , and as developing the body of law recognizing and regulating contracts . The type of procedure practiced in common law courts is known as the adversarial system ; this is also a development of the common law. In 1154, Henry II became the first Plantagenet king. Among many achievements, Henry institutionalized common law by creating
26228-553: Was founded in 1519, by the leading inhabitants of the town (foundation letter of 1521) and is therefore a few years younger than the social housing foundation of Valentin Ostertag . The Städelsche Kunstinstitut and Städtische Galerie (museum and art gallery) in Frankfurt am Main is one of the most important German art museums with a collection of more than 4000 paintings from the Middle Ages to Modern and Contemporary Art. During
26394-512: Was instrumental in founding the German Empire. The Nazis declared that they were dedicated to continuing the process of creating a unified German nation state that Bismarck had begun and desired to achieve. While Hitler was supportive of Bismarck's creation of the German Empire, he was critical of Bismarck's moderate domestic policies. On the issue of Bismarck's support of a Kleindeutschland ("Lesser Germany", excluding Austria) versus
26560-491: Was more radical and it did not express any emphasis on the restoration of the German monarchy. This younger generation desired to dismantle the Weimar Republic and create a new radical and strong state based upon a martial ruling ethic that could revive the "Spirit of 1914" which was associated with German national unity ( Volksgemeinschaft ). The Nazis, the far-right monarchists, the reactionary German National People's Party (DNVP) and others, such as monarchist officers in
26726-418: Was near universal for centuries. Many notable writers, including A. V. Dicey , William Markby , Oliver Wendell Holmes , John Austin , Roscoe Pound , and Ezra Ripley Thayer , eventually adopted the modern definition of common law as "case law" or ratio decidendi , which serves as binding precedent . In a common law jurisdiction several stages of research and analysis are required to determine "what
26892-411: Was not exclusively for any class and he indicated that it favoured neither the left nor the right, but preserved "pure" elements from both "camps" by stating: "From the camp of bourgeois tradition, it takes national resolve, and from the materialism of the Marxist dogma, living, creative Socialism." Historians regard the equation of Nazism as "Hitlerism" as too simplistic since the term was used prior to
27058-510: Was overshadowed by both Prussian patriotism and the federalist tradition of its various component states. The events of World War I, including the end of the Prussian monarchy in Germany, resulted in a surge of revolutionary völkisch nationalism. The Nazis supported such revolutionary völkisch nationalist policies and they claimed that their ideology was influenced by the leadership and policies of German Chancellor Otto von Bismarck , who
27224-499: Was populist and opposed to traditional elites, spoke of the need for a "People's War" ( Volkskrieg ) and put forth concepts similar to those which the Nazis adopted. Fichte promoted German exceptionalism and stressed the need for the German nation to purify itself (including purging the German language of French words, a policy that the Nazis undertook upon their rise to power). Another important figure in pre-Nazi völkisch thinking
27390-556: Was unable to complete German national unification because Jews had infiltrated the German parliament and they claimed that their abolition of parliament had ended this obstacle to unification. Using the stab-in-the-back myth , the Nazis accused Jews—and other populations who it considered non-German—of possessing extra-national loyalties, thereby exacerbating German antisemitism about the Judenfrage (the Jewish Question),
27556-417: Was very high, even though Jews were estimated to account for only 1% of the population of Germany. The overrepresentation of Jews in these areas fuelled resentment among non-Jewish Germans during periods of economic crisis. The 1873 stock market crash and the ensuing depression resulted in a spate of attacks on alleged Jewish economic dominance in Germany and antisemitism increased. During this time period, in
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