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Der Rahmen der Rechtsgewohnheiten

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ISBN: 9783205782919 Year: Pages: 602 Seiten DOI: 10.26530/OAPEN_437176 Language: German
Publisher: Böhlau Grant: Austrian Science Fund - D 4032
Added to DOAB on : 2013-03-27 11:49:14
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"The Frame of Legal Customs" ("Der Rahmen der Rechtsgewohnheiten") attempts to interchange results from two scientific disciplines, legal theory and legal history for the middle ages.The first part describes the present and in the sphere of legal theory not unypical view of law as a system of norms as introduced by theorists like Hans Kelsen ore H.L.A. Hart. Main target of criticism is the concept of law as provided by legal positivism, pointing out the problems of the logic of norms and the speech-act-theoretical background of this concept.The second part shows the inadequacy of the modern concept of law – which faces law as system of norms – for the situation of the early middle ages, when law was practiced in judicial assemblies in a strict oral manner without the common use of written texts. Results of German legal history which assume a more differentiated structure of legal thinking (based on incompatible categories of law: "recht", "Gebot", "Willkür") instead of one comprehensive notion of law, are discussed.The third part is dedicated to the close examination of the concept of law of three of the most important legal historians in Germany (Karl Kroeschell, Gerhard Dilcher, Jürgen Weitzel).The fourth and last part offers an alternative approach to the problem, how legal thinking and legal practice can be understood in premodern societies. It starts at the fundamental criticism of legal positivism, which can be found in the work of Ronald Dworkin ("law as integrity") and earlier at Carl Schmitts concept of concrete order ("Konkretes Ordnungsdenken"). The correlation between the role of legal rules, decisions and orders is discussed within the proposed theoretical frame. Finally the notion of order-configurations ("Ordnungskonfigurationen"), which has been brought into discussion by Stefan Weinfurter, is compared to the concept of law as a form of concrete order as developed in the text. A text of Adalbero of Laon and the letters of pope Gregory VII are interpreted as an illustrating example (and implicit criticism on Weinfurter's specific use of sociological functionalism) using the proposed alternative categories

Die vielsprachige Seele Kakaniens

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ISBN: 9783205788294 Year: Pages: 442 Seiten Language: German
Publisher: Böhlau Grant: Austrian Science Fund - D 4326
Added to DOAB on : 2013-04-19 19:35:34
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In the last few decades, the discipline of Translation Studies has been characterized by a considerable increase of interdisciplinary approaches which both helped to sharpen its profiling and to promote its multilayered epistemological discussions. The contribution of this book to these developments is located on various levels. I claim that in view of its multifaceted forms, translation as practiced in the late Habsburg Empire to a high degree contributed to the construction of cultures in the pluri-cultural space of the Habsburg Monarchy: on the one hand, I have revealed the various layers of translation’s constructive character and then – on the basis of Pierre Bourdieu’s sociological framework – shed light on the various construction processes on behalf of detailed analyses which focus on the agents involved in these processes. These considerations are then reflected in the delineation of a model which I call the “pluri-cultural communication space of the Habsburg Monarchy”. In terms of methodology, I have drawn on post-colonial theoretical frameworks. On such a basis, I have sketched a concept of culture which aims to correspond to the hybrid constellations characteristic to vast parts of the Monarchy and which claims to detect the symbolic forms of ethnically articulated dominance. The metaphorically inspired translation concept developed in the wake of these reflections (“cultural translation”) results in conceptualizing a typology of various translation forms which claim to do justice to the complexity of the Monarchy’s translatorial practices in the continuum between “communication” and “translation”. Primarily on the basis of archival sources, the analysis covers the translatorial practice in the various ministries (“Commission of Terminology “,“Bureau of Redaction of the Imperial Law Gazette”, “Section of Ciphering and Translatorial Work”), in court (sworn interpreters), and in the diplomatic service, among others. On the other hand, I have worked on extensive corpora analyzing the translation flows both between various languages of the crown lands and with countries outside the Monarchy by adopting numerous parameters (focus: translations into German). Finally, the focus is laid on the translations from Italian, with a particular emphasis on laying bare the construction processes operating in the selection, production, distribution and reception of these translations. The features which make up the construction of culture in the Habsburg context can be particularly detected in two instances: first, in the tensions related to national conflicts which are inscribed in all translation types dealt with in the period under investigation. Secondly, in the phenomenon of bi- and multilingualism which – according to the territory and the legal situation respectively – represented a basic prerequisite for the translation and interpreting activity and as such in many cases made a professional and qualitatively differentiated formation in translation at least at first sight avoidable. Nevertheless, it has been able to reconstruct a gradual institutionalization of the translatorial activity. English version of the book: http://e-book.fwf.ac.at/o:786

Klassizismus in Aktion

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ISBN: 9783205200895 Pages: 462 Seiten DOI: 10.26530/OAPEN_586250 Language: German
Publisher: Böhlau Grant: Austrian Science Fund - PUB 326
Added to DOAB on : 2015-11-30 11:01:11
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The collection of essays considers the art journal Propyläen that was edited by Goethe in the years between 1798 and 1800 for the first time as a whole. This enterprise, which was of great significance for the history of aesthetics, will be placed in a new light. The book situates the texts within their historical contexts, and thus provides a key resource for future research, for literary as well as art studies.

Die Modernisierung politischer Systeme

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ISBN: 9783205992028 Year: Pages: 730 Seiten DOI: 10.26530/OAPEN_472490 Language: German
Publisher: Böhlau Grant: Austrian Science Fund - D 3152
Added to DOAB on : 2014-04-11 23:26:32
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Part one of the book discusses political systems of Developing Countries. It suggests that the concept of neopatrimonialism is becoming more and more important. Neopatrimonial systems are characterized by three components: Personal rule, political clientelism and endemic corruption. The neopatrimonial state is essentially a weak state, where the production of public goods is very low and the road to the failure of the state open. For the transformation or improvement of a neopatrimonial system a developmental state is necessary.Part two tries to give a theory of the state. The state is understood as a set of complex institutions. Historical institutionalism seems therefore to be the correct approach. Four institutional complexes are needed for consolidated modern statehood: The military for the security of the state – the military revolution can be regarded as the most important factor in explaining the origin of the state. Territorial segmentation is at the same time the building principle for the international political system. As the professionalism of the military increases, a new institutional complex becomes necessary for the security of the citizens: the police, and the police is the institution for the monopoly of legitimate violence.The second institutional complex is taxation and the ordering of state finances (the budget). Taxes are historically a consequence of standing armies. Today taxation is an important dimension of state capabilities.The third complex is the bureaucracy – necessary for the production of decisions based on general rules. An effective bureaucracy is a precondition for the development of the welfare state. Corruption its main problem.The forth complex is placed at the top of the state – governing all the other institutions. It is essentially the government in combination with the parliament as a law-making institution.Part three tries to explain the process of democratization. Democracy needs three subsystems: the public sphere as the interaction of mass media and discourses of the citizens. A party system, where the parties are based on political ideologies. And a parliament, as the center of a representative government. Responsiveness can be explained as a consequence of general free elections.

Allegorien des Politischen

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ISBN: 9783412225100 Year: Pages: 482 Seiten DOI: 10.26530/OAPEN_622217 Language: German
Publisher: Böhlau Grant: Austrian Science Fund - PUB 252
Added to DOAB on : 2017-01-14 11:01:17
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The monograph explores, by means of a diachronic overview, the ways in which historical dramas in Czech literature changed between the outset of the Czech national rebirth and the Republic of Czechoslovakia between the wars. The investigation is based on the fundamental notion that allegorical structures in historical dramas refer to the time at which a given work is created. A general overview on theoretical and historical aspect of Historical Drama leads into the study.

Geschichte der venezianischen Malerei, Band 3

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ISBN: 9783205788898 Year: Pages: 402 Seiten DOI: 10.26530/OAPEN_446788 Language: German
Publisher: Böhlau Grant: Austrian Science Fund - PUB 72
Added to DOAB on : 2013-09-21 22:37:26
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Giorgione remains the central figure in the scientific discussion dealing with Venetian painting of the age, and accordingly the amount of literature on him is exuberant. The state of scientific discussion which harks back well into the 19th century, proves to be very heterogeneous, a selection of statements proves to be inapt as to serve as a basis for a further critical discussion. The outcome of all this is a general dissent, caused by the poor state of sources and the comparatively small number of secured works. In consequence, we are confronted with a constant struggle of attributions, increasing and decreasing in number, and a host of dates, often contradictory.

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