(image source: IHR)
Abstract:
This paper examines legal reform as a multi-dimensional political, social and legal process across the late eighteenth and nineteenth century. It explores the supranational, state and social interactions with judicial reform, demonstrating the legal pluralism and fundamental arbitration culture at the heart of German law and state building. Focusing on Bavaria and Hessen-Kassel as primary case studies, it examines the experiences of legal reform in two contrasting examples of states which, for better or worse, survived the upheavals of the era. By focusing upon the courses and dynamics of inevitable jurisdictional tensions, this research provides a new lens through which to understand state-building and legal change. In doing so, it contributes to a richer account of multi-dimensional German governance and society, while also providing a critical historical perspective on the challenges of supranational order – demonstrating that state-building and legal reform were inherently contingent and intertwined.
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