THE NOTION OF LOCAL SELF-GOVERNMENT IN THE POLITICAL AND LEGAL THOUGHT OF GERMANY IN THE 19TH CENTURY
Journal Title: Порівняльно-аналітичне право - Year 2018, Vol 3, Issue
Abstract
The article investigates the issues of the local self-government concept in the political and legal thought of the nineteenth century in Germany. It has been determined that in the German legal thought, the theory of a free community was a response to the French centralism manifestation. I. Redlich and his co-author P. Ashley defined local self-government as the duties and powers carried out by local residents or their elected representatives that had been given by the legislature, or belong to them on the basis of common law. Otto Friedrich von Gierke defined selfgovernment through the nature of public associations. Being also a supporter of the organistic doctrine, he considered the state and the community as social organisms that had a separate and independent social existence, as social corporations. In essence, the community was a sociable community i. e. a corporation based on free association.
Authors and Affiliations
Є. О. Бутирін
Keywords
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