Lübeck law

1. Definition and term

‘Lübeck Law’ refers to the body of law—originally recorded in Latin, and from the mid-13th century onwards also in Middle Low German—which was in force in the city of Lübeck and in those towns that were granted Lübeck Law. In addition, there are the modifications originating from Lübeck and the rulings of the Lübeck City Council.

The codification was initiated by the Lübeck Council and was also supervised there; often, the documents or records confirming the grant of Lübeck Law (such as those for Kolberg/Kołobrzeg[1] and Elbing/Elbląg[2]) precede the legal texts. However, the transfer to a subsidiary town was usually subject to restrictions imposed by the respective provincial or municipal ruler. This particularly concerned appeals to Lübeck, which were generally prohibited entirely; in most cases, a separate appellate body was then established (in Elbing, for example, the ‘Four Courts’). Individual provisions could also be affected by such requests for amendments. One reason for these special provisions was that the judgement of the Lübeck Council was binding in legal matters, and there were therefore fears that Lübeck would exert too great an influence over the subsidiary town.

The earliest reference to Lübeck law occurred in 1188 in the charter for Hamburg’s New Town, where it was referred to as ius Lubicense. By this time at the latest, ‘Lübeck law’ had become a term that required no further explanation.

Contrary to the definition given above, the law applicable solely within the city of Lübeck is referred to as ‘Lübeck law’.

2. On the history and dissemination of Lübeck law

The exact origins of Lübeck law cannot be determined. A previously frequently discussed theory that it derived from Soest law could not be substantiated. Regional legal systems, such as Schleswig law, are more likely candidates; above all, however, it was probably the result of developments specific to Lübeck itself. Lübeck Law first appears in the now-lost Lübeck Fragment, dating from around 1230/1240. Around the time that Lübeck became a free imperial city in 1226, the written tradition of Lübeck Law also began. The oldest complete manuscripts are in Latin and date from the 1240s; these include some that are attributed to the Silesian-Polish version.[3] The Lübeck Law became available in a Middle Low German version from around 1275 (the Elbing Codex).[4]

Through judicial practice, but also through additions, the law was constantly expanded and refined. It underwent a radical reorganisation and systematisation in 1299 by Albrecht von Bardewik (d. 1333; the Bardewik revision). The last major reform was the revised Lübeck Law of 1586.[5] In the late 15th and 16th centuries, there was also a blending with Hamburg Law.

Lübeck Law was a specific form of municipal law and differed from Saxon-Magdeburg Law in this respect in particular. The Council was the dominant authority in the city and exerted a decisive influence on law-making and the administration of justice. As cities governed by Lübeck Law depended on trade, and long-distance trade in particular, the law was designed, amongst other things, to avoid barriers to trade. In inheritance law, for example, this meant that the estate was not divided where possible, and that self-acquired (as opposed to inherited) property could be used as collateral without the consent of the heirs. In this way, capital could be made available on a larger scale for trade.

Another aspect of Lübeck law concerned maritime law, which clarified claims of ownership and the resulting claims relating to ships and their cargo. However, the (initially few) provisions appear to have regulated only specific cases.[6] From the 15th century onwards, Lübeck, together with other Hanseatic cities, sought to develop a universally applicable body of maritime law.[7]

The area in which Lübeck Law applied stretched from Tondern/Tønder in the west to Narva in the east, thus mainly encompassing the regions along the southern Baltic coast. The Hanseatic trading postat the Peterhof in Novgorod had its own statutes, known as the ‘Schragen’. These incorporated, amongst other things, provisions of Lübeck law; however, as the Peterhof was an exclave within the city, its legal impact beyond the Peterhof was limited.

Apart from Germany, Poland today has the largest number of towns that were once governed by Lübeck law, most of which trace their origins to German settlements (examples include, alongside Elbing [Lübeck law since 1246] and Kolberg [1255], the towns of Cammin/Kamień Pomorski [1274], Braunsberg/Braniewo [1284] and Stolp/Słupsk [1310]). Lübeck Law did not apply in some important Hanseatic cities such as Riga/Rīga, Königsberg/Kaliningrad or Danzig/Gdańsk.

From the 16th century onwards, Lübeck Law existed largely as a particular law. It was superseded in Prussia by the introduction of the General Prussian Land Law in 1792 and in the German Empire with the entry into force of the Civil Code on 1 January 1900. In the Estonian towns, it remained in force until 1940.

3. Discourses/Controversies

From the 18th century onwards, Lübeck law also became the subject of scholarly examination, which continued well into the 19th century and was chiefly concerned with classifying Lübeck law as a particular law within the respective overarching legal systems. It has only been regarded as a purely historical subject since the 20th century. The situation in Reval/Tallinn and Estonia has been particularly well researched.[8]

Beyond the narrower academic debate, Lübeck law is referred to, on the one hand, particularly in the context of the establishment of self-governing municipalities, thereby highlighting the importance of regional autonomy in an era of globalisation. On the other hand, the cohesion of these communities across national borders is emphasised by referring to the connection between Lübeck, Lübeck Law and the Hanseatic League.[9]

4. Bibliographical references

Bibliography

  • Wolfgang Drechsler (ed.): The Self-Governing Municipality. Essays on its Past, Present and Future in Estonia, Germany and Europe. To mark the 750th anniversary of the granting of Lübeck Law to Reval (Tallinn). Berlin 1999 (Public Law Series 784).
  • Friedrich Ebel: ‘Our courteous greetings first’. Medieval German law in Central and Eastern Europe. Short Essays. Edited by Andreas Fijal, Hans-Jörg Leuchte, Hans-Jochen Schiewer. Cologne, Weimar, Vienna 2004.
  • Wilhelm Ebel (ed.): Lübeck Council Judgements 1–4. Göttingen, Berlin, Frankfurt am Main 1955–1967.
  • Wilhelm Ebel: Lübeck Law. Volume One. Lübeck 1971 (no further volumes published).
  • Friedrich Frensdorff: Lübeck Law in its Earliest Forms. Leipzig 1872.
  • Johann Friedrich Hach (ed.): Ancient Lübeck Law. Lübeck 1839.
  • Gustav Korlén: North German Municipal Laws II. The Middle Low German Municipal Law of Lübeck in its Earliest Forms. Lund 1951 (Lunder Germanistisches Forschungswerk 23).
  • Angelika Lampen: [Art.] Lübeck Law. In: Burkhart Wachinger, in collaboration with Gundolf Keil, Kurt Ruh (†), Werner Schröder, Franz-Josef Worstbrock (eds.): German Literature of the Middle Ages. Encyclopaedia of Authors. Founded by Wolfgang Stammler, continued by Karl Langosch. Second, completely revised edition with the collaboration of numerous scholars. Vol. 11: Addenda and Corrections. Berlin, New York 2004, cols. 932–938.
  • Heiner Lück, Matthias Puhle, Andreas Ranft (eds.): Foundations for a New Europe. Magdeburg and Lübeck Law in the Late Middle Ages and Early Modern Period. Cologne, Weimar, Vienna 2009 (Sources and Research on the History of Saxony-Anhalt 6).
  • Arthur Methner: Lübeck Law in Memel. In: Old Prussian Research 10 (1933), pp. 262–298.
  • Arthur Methner: ‘The Oldest German Manuscript of Lübeck Law’. In: *Elbinger Jahrbuch* 14 (1937), pp. 59–110.

Notes

[1] Peter Jancke (ed.): The Kolberg Law Book. The Kolberg Codex of Lübeck Law of 1297. Facsimile edition of the lost manuscript with a High German translation and glossary. Hamburg 2005 (Contributions to the History of the Town of Kolberg and the Kolberg-Körlin District 32).

[2] Cf. Edward Carstenn: The Elbing Manuscripts of Lübeck Law. In: Journal of the West Prussian Historical Society 73 (1935), pp. 139–183; Ralf G. Päsler: German-language non-fiction in Prussia up to 1500. Studies on its transmission. Cologne, Weimar, Vienna 2003 (From Archives, Libraries and Museums of Central and Eastern Europe 2), pp. 224–238.

[3] Friedrich Ebel, Renate Schelling: Latin Lübeck Law in the 13th-century Silesian-Polish version. In: Ebel: Unseren fruntlichen grus zuvor, pp. 252–323.

[4] For the German-language manuscripts of Lübeck law, see the Manuscript Census (accessed 8 January 2015, 17 December 2021).

[5] The Statutes and Municipal Law of the Imperial Free City of Lübeck within the Holy Roman Empire. Revised, corrected and translated from the old Sixian dialect into High German. Lübeck 1586 (digital copy available here; accessed 8 January 2015).

[6] Carsten Jahnke: Hanseatic and Other Maritime Law. In: Albrecht Cordes (ed.): Hanseatic and Hanseatic City Law. Trier 2008 (Hanseatic Studies 17), pp. 41–67.

[7] Götz Landwehr: The Maritime Law of the Hanseatic League (1365–1614). From Shipping Regulations to Maritime Trade Law. Hamburg 2003 (Reports from the Meetings of the Joachim-Jungius Society of Sciences e. V., Hamburg 21,1).

[8] F[riedrich] G[eorg] von Bunge (ed.): The Sources of Reval Municipal Law. Vol. 1–2. Dorpat 1844–1846; The Reval Codex of Lübeck Law 1282. Transcription and translation into Estonian by Tiina Kala. Tallinn 1998; Tiina Kala: The Written and the Oral. Lübeck Law and the Day-to-Day Administration of Justice in Medieval Reval. In: Cordes (ed.): Hanseatic and Hanseatic City Law (note 6), pp. 91–112.

[9] See, for example, the articles in Drechsler: The Self-Governing Community.

Citation

Ralf G. Päsler: Lübeck Law. In: Online Encyclopaedia on the Culture and History of Germans in Eastern Europe, 2015. URL: ome-lexikon.uni-oldenburg.de/p32867 (as at 17 December 2021).

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