Zagreb, 2011.

Parts of the presentation:1. Short overview of the history of

Hungarian institutions dealing with the science of law

2. Appearance of the science of the history of law

3. Legal history - nowadays and its challenges.

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Till the 18th century:- ‘non-stately determined educational

system’ – normally the state is not an active actor in educational relations

- strong influence of the church Elementary and secondary

educational institutions:- parsonage-schools (plébániai iskolák),- monastery-schools (kolostori iskolák), - cathedral and collegiate chapter-schools

(székeskáptalani és társaskáptalani iskolák) - Chapter school of Veszprém (1276)

- Protestant colleges Higher education institutions- theological colleges,- academies and later protestant colleges- lyceums and- university(ies). Practical trainings places- the guilds (céhes oktatás) - the institutions of

vocational training, depended mainly on the magistrate of the city concerned and not on the church

- legal training4

http://www.esztergomi-ersekseg.hu/?fm=2&op=index&min=70

Studying at foreign universities

- Bologna - Wien - Prague - Krakow Studying at the Hungarian

higher education (if it existed) –

First attempts - University of Pécs (1367-

1390), - University of Óbuda (1395-

1414 (?)), - Academia Istropolitana

(Pozsony-Bratislava), (1465-1490)

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http://mek.niif.hu/01900/01948/html/index1291.htmlPractical training places (without a university degree) - writing of documents at the chancery - practice at the courts - practice at the authentic places operating next to the chapters

University of Nagyszombat (1635)

- the first successful attempt - without the permission of the Pope - under the direct control of the society of

Jesus - not a complete University (two

Faculties: theological and philosophy) - 1667: establishment of the Faculty

of Law - 1769: establishment of the Medical

FacultyHeirs: Eötvös Loránd University and

Semmelweis University, Pázmány Péter University, Budapest University of Technology and Economist

× Academies of Law and the Lyceums of Law: Non-undergraduate and non-practical education.

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http://www.tankonyvtar.hu/katolikus-vallas/katolikus-egyhaz-080904-30

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http://upload.wikimedia.org/wikipedia/commons/b/b0/Don%C3%A1t_%C3%9Crm%C3%A9nyi_J%C3%B3zsef.jpg

Strong centralization, central supervision of the state, including the determination of the subjects, textbooks as well.

Royal University of sciences – with central role

Setting up of Royal Academies× Belong to the system of higher

education× Academies consisted of two

courses: philosophy (entrance course) and law (entrance to university studies)

× Schedule determined by the state

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Institutional system remained unchanged

Change in the language of the education

Statutes of the Hungarian university - remained a draft

First Hungarian Act on higher education – articulation of the freedom of studying and teaching (see next page)

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Barabás Miklós: Eötvös József (1845) , http://upload.wikimedia.org/wikipedia/commons/9/9d/Barabas-eotvos.jpg

Act XIX of 1848

on the Hungarian University

Concerning the Hungarian University the following is disposed:

Article 1

The university is directly disposed under the authority of the minister responsible for public education.

Article 2

The principle of the freedom of learning and teaching meaning on one hand: the student may freely choose the doctrine and the lecturer; and on the other hand: next to the ordinary professors other illustrious persons on the conditions set up by the ministry, and later on the law is hereby announced.

Article 3

The adaptation of this principle is commended to the minister responsible for public education, who has to submit his report about this and other related business to the closest session of the Parliament.

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Universities (examples):- Royal University of Sciences of

Hungary (Pest-Budapest)- University of Kolozsvár (1872) –

moved to Szeged after the 1st world war (1921)

- University of Bratislava (Pozsony, 1912) – moved to Pécs after the 1st world war

- University of Debrecen (1912)- Hungarian Royal University of Miklós

Horthy (Szeged, 1940) Academies and lyceums

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Academies and lyceums

State (royal)

Ecclesiastical

Reforms of 1850 (denominational and state academies, 2 year-courses, preparatory to the university)

Reforms of 1855 (independent education, 3-year courses, degree to be public servants)

Reform of 1874 (complete faculties with 4 year-courses, exc.: doctoral titles, conduct of habilitation, but: doctoral title is needed to be an advocate and from 1912 to be a judge)

After the 1st world war: all the state academies outside the borders – remained the ecclesiasticals

Reform of 1941 (2 year-courses, preparatory to the university)

Reform of 1946 (unified doctorate, academies remained preparatory)

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http://keptar.oszk.hu

× Difference between the academies and lyceums ×Legal frame for the academies: Ratio Educationis (order of the exams, schedule)

After the 2nd world war:- Introduction of the soviet model

– system of profession-universities (1950)

- Introduction of the legal courses for the class of workers (1951)

- Delete of the doctoral titles (1951)

- Political compulsory subjects (marxism-leninism)

- Abolition of the academies (1949) - colleges

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Until the 2nd world war:The institutional system (universities, academies) – unchallenged; although the legal environment had to encounter with the expectation of the political sphere (nationalist school).

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Law of Hungary – basically traditional Researches of legal history meant the

research of the law in force as well; Political role– no single subject, part of the material of law in force

Some example:- Royal decree on teaching at the Faculty

of Law (1760) – the only law historical subject is the Roman Law

- Ratio Educationis (1777) = legal course of the Academies -

universal history and the history of the European States

= on university level - History of the country and Decrees taken by the kings

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Separate subject – by the time of the neoabsolutism

Wenzel Gusztáv (1812-1891):

- History of Law of the German Empire

- comparative science of law including the history of Hungarian law

- historical law school Imre Hajnik (1840-1902): - analyzed from law

historical point of view the doctrine of the holy crown

- Positivist historical school

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Wenzel Gusztáv

Hajnik Imre

Timon Ákos (1850-1925) - nationalist school - characteristic in the period

after the 1st world war

×Eckhardt Ferenc (1885-1957)

- School of spiritual history

- Used positivist means

- Author of fundamental textbook „Hungarian history of law and constitution” (1946)

×Separate department for the Hungarian history of law and constitution in the University (1890)

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Timon Ákos

Certificate from the Academy of Máramarosssziget

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Teaching of legal history – on university level: - Eötvös Loránd University (Budapest)

(Department of the History of Hungarian Law) - Pázmány Péter University (Budapest) - Károli Gáspár University of the Reformed

Church (Budapest) - University of Szeged (Department of

Hungarian Legal History) - University of Pécs (Department of Legal

History) - University of Miskolc (Department of Legal

History) - Széchenyi István University (Győr)

(Department of History of Law) - University of Debrecen (Department of

History of Law)

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The subjects are accredited by the Hungarian Accreditation Committee – can be found differences

Compulsory course And last but not least: there is a

connection between the provisions of the Fundamental Law and the history of law. From the 1st of January the fundamental law of Hungary shall be interpreted in accordance with… the achievements of historical constitution. The fulfillment of this task will be a great challenge in the future.

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- Legal training – one-tier programme- The Act CXXXIX of 2005 on Higher Education provides complete autonomy for the universities to choose the content of their subjects.

Thank your very much for your attention!

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