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Please verify that you are not a robot. Would you also like to submit a review for this item? You already recently rated this item. Your rating has been recorded. Write a review Rate this item: 1 2 3 4 5. Preview this item Preview this item. Subjects Rome -- Constitutional law. Constitutional law. Find a copy online Links to this item Table of contents. Open to the public. University of Sydney Library. Open to the public ; None of your libraries hold this item. Found at these bookshops Searching - please wait We were unable to find this edition in any bookshop we are able to search.
These online bookshops told us they have this item:. Tags What are tags? Add a tag. Public Private login e. Add a tag Cancel Be the first to add a tag for this edition. Lists What are lists? In some cases where it was possible i. The members of the different faculties were consulted depending on the subject matter of the book in question. However, the Syndikus usually retained responsibility for the censorship of legal and political texts.
Secular censorship was primarily guided by the interests of the state, and was thus intended to prevent disturbances to peace and order in the polity, and to prevent libel and breaches of public morality. However, external concerns also played a central role in censorship. The dissemination of state secrets treason was strictly forbidden. The entitlement of the ruler to establish official control over printing was not at all controversial when it was first posited because it was viewed as belonging to the God-given privileges of a ruler, whose power also provides protection for his subjects.
Additionally, in the context of absolutism the concept of arcana imperii , i. However, control of printing was not only exercised negatively, i. This occurred in particular by means of the granting of privileges to individual printers, which gave the printers a kind of proof of legality and authorization. The privileges were very sought after because they granted protection against reprinting by other printers, and offered economic advantages. As these privileges could be withdrawn again, they undoubtedly promoted good behaviour.
The system of censorship and control of communication had already fully developed and consolidated before the periodical press , which reported on current events, appeared on the scene in Germany in the early 17th century. It was not difficult to transfer and apply the tried and tested methods of censorship to this new mass medium, which was published at regular intervals. However, the content and frequency of publication — weekly initially, and in the late 17th and 18th centuries increasingly twice or three times weekly — placed greater demands on the censors. Political reporting had an altogether different significance than learned treatises.
The censors not only had to be up to date with political events, but also had to make decisions quickly on coverage that was increasingly treating current issues.
Additionally, the rapidly growing number of newspapers in the German-speaking territory there were already 70 of them in the late 17th century, more than in all the other European countries together made it difficult to maintain an overview. A text that one censor wished to suppress had sometimes been printed somewhere else already, and this fact could be cited as a defence against the suppression of the text. Consequently, controversies over censorship occurred repeatedly, and sometimes resulted in censors being removed from their posts or being punished. The effects of censorship manifested themselves in different ways in the German press of the 17th and 18th centuries.
The fact that newspapers predominantly reported on events outside of the Holy Roman Empire, that is happenings "abroad", while barely mentioning "internal political" events is attributable at least in part to censorship. However, foreign potentates did complain to other rulers about disparaging reportage, and no ruler wished to be drawn into conflict for the sake of the latter. The fact that newspapers frequently reported on events in a superficial way and rarely discussed the deeper causes is presumably also attributable at least in part to censorship. Censorship strongly discouraged the newspaper correspondents from expressing their personal opinions about the facts that they were reporting.
The system of censorship and control of communication which was established in the 16th century, and which was also applied to the periodical press from the 17th century, remained largely intact until the end of the Holy Roman Empire in However, during the course of this period it had become more porous in some regards. Particularism contributed to this process politically as already referred to , as did the Enlightenment philosophically.
Verfassung Römischen Republik Historien by Polybios
The Prussian king Frederick the Great — has often been described as having a progressive attitude, though this was a myth. In contrast to the granting of favour by Frederick the Great, which could be revoked at any time, the censorship edict of Joseph II of Austria — in at least formally introduced a guarantee under law.
From this point, one was allowed to print anything which one was prepared to take responsibility for. In other European countries, the church and the state also reacted to the spread of printing technology with censorship. In England , a system of control was established during the reign of the Tudors — During the reign of Mary I — , the Stationers' Company, the guild of the printers which was established by royal charter in , was charged with providing under its own auspices for the supervision of printing and the granting of privileges in the printing trade.
In France , the first royal decree on printing in made theological books subject to pre-publication censorship by the university in Paris. A decree of stated that a new text could not be printed without the permission of the king. As a result of state centralism, book production and the press became primarily concentrated in the capital, Paris though Lyon was also initially a centre of printing , which made supervision easier.
In , the regulations regarding printing were revised particularly with respect to Protestant texts , and in a decree made it compulsory for all books to carry the name of the publisher and the place of publication. Pre-publication censorship was codified in , and the theological faculty of the university retained its censorship role. A further ordinance of made the granting of a royal privilege a prerequisite for printing any text. The first French newspaper published periodically, the Gazette , was founded by royal privilege in in Paris.
Control measures were not applied with the same strictness in all countries. The Netherlands was comparatively liberal in this regard, which contributed to a blossoming of printing there the first newspapers appeared there earlier than elsewhere. Works which had been proscribed in France were published in Holland, giving rise to a flourishing exile printing trade.
In the large Italian city republics, the local printing industry was subject to local supervision including by the church. In , the Spanish Inquisition was founded, and in , the Portuguese Inquisition was established. In the 16th and 17th centuries, these performed the censorship function in the Iberian countries under the authority of the states. The first printed index in Portugal was published in the same year. The Inquisition was abolished in Portugal in and in Spain in In , the Spanish state had initially acknowledged the printing press in a positive way, and had even granted a tax exemption to printers three years later.
However, pre-publication censorship was introduced in Castile in , 25 and the censorship authorities established for this purpose were strict and made the printing process cumbersome. Charles V and Philip II — expanded the control regulations in the 16th century with the aim — among other things — of preventing the importation of printed works, and of shutting Spain off from the outside world.
Neighbouring Portugal only established a separate state censorship authority in addition to the Inquisition in , i. The campaign against censorship and for freedom of the press in Europe originated in England. This was due in part to the numerous sects which had formed in England during the course of the Reformation and which asserted their right to freely exercise their religion.
John Milton's — [ ] Areopagitica of was the first great treatise of modern European history defending freedom of the press. It presented both individualistic and anthropological arguments human rights and collective sociological arguments societal benefits. The first German translation was not published until after the Revolution of , in But even in England Milton's call for freedom of the press did not prove effective, at least not initially.
Instead, the legislature assumed censorship duties itself for a period. It was not until , when the parliament allowed the Printing Act to lapse, that pre-publication censorship came to an end, and England had — to this extent at least — freedom of the press. Defendants who were found guilty in such cases faced a range of sanctions, and the means of post-publication censorship were employed.
The latter occurred — among other things — by means of economic measures such as the stamp duty, and by "buying" compliant journalists by means of subventions. Outside mainland Britain, it was the citizens of the British North American Colonies who were the first to achieve press freedom in the 18th century. In spite of all resistance, 32 the demand for a free press was reflected in the first constitution which the American states adopted after attaining their independence. In continental Europe , on the other hand, a radical break with absolutist monarchy was necessary.
In France, the control functions had become concentrated in the royal censorship authority during the 18th century. The number of censors had been increased; the names of censors have been established for the period between and This was tolerated because of the economic benefit. The French constitution which was adopted in codified this guarantee.
However, the revolutionary leaders soon restricted freedom of expression and freedom of the press to their supporters, and pre-publication censorship was re-introduced in as a means of suppressing opponents. The struggle for freedom of the press did not begin in Germany until the late 18th century. The oldest records for the use of the term Pressefreiheit are from the year However, the expression Freiheit der Presse is somewhat older. As this decree also applied to the dukedoms of Schleswig and Holstein , which were part of the Holy Roman Empire, this represented the first legal guarantee of press freedom in the German-speaking territories.
While this formal lifting of censorship remained an isolated case for some time, the application of censorship measures nonetheless became less stringent in many other places. This was the case in Hamburg , for example, where multiple newspapers were in publication simultaneously in the late 18th century. The French Revolution brought a reversal of press freedom in Germany. German society — particularly intellectual circles — took great interest in events in neighbouring France.
Consequently, German rulers feared the transfer of revolutionary ideas and methods, and they attempted to counteract this threat with new and stricter censorship laws. In Austria , Leopold II — issued a press decree in , which explicitly cited the relevant provisions of the decrees of the imperial diets from the 16th century.
However, the reversion to a more stringent censorship policy in Germany could not silence the debate about press freedom , which had been conducted in print from the s. While the authorities initially only attempted to tighten up existing censorship, this resulted in increasing calls for freedom of expression and freedom of the press as a human right.
Die Verfassung der Römischen Republik: Grundlagen und Entwicklung by Jochen Bleicken
As soon as the danger posed by the French Revolution appeared to have abated, there were renewed attempts to liberalize censorship laws in individual German states. However, the reign of Napoleon Bonaparte — saw the renewed introduction of more strict regulation of the press in Germany and elsewhere. Even before he officially reintroduced censorship in France in , he had developed forms of press control which were characterized by extreme centralization and strict penalties.
However, Napoleon's influence varied from the German territories west of the Rhine which had been incorporated into Imperial France, to the affiliated states of the Confederation of the Rhine , and the other German states, which were officially independent. The Moniteur was elevated to the status of French state newspaper and was declared the model which all other newspapers had to follow — even in the occupied German territories. The victory over Napoleon which had been attained in the Wars of Emancipation of — led to demands for greater political participation in the German-speaking territories.
However, the implementation of this assurance was delayed. Two years passed before the Federal Assembly decided to commission a report on the regulations currently in force in the various federal states. However, before it was possible to take practical action on the basis of these findings, another new phase of suppression of the press began. With growing concern, the rulers in Germany and particularly in Austria observed the campaign for emancipation and the manifestations of a German national consciousness, which were becoming increasingly overt.
When the student Carl Ludwig Sand — stabbed August von Kotzebue — , the poet and Russian state consul, in early in Mannheim , it seemed to be time to act. After confidential agreements had been reached between Prussia and Austria, and political pressure had been brought to bear on the smaller states, the Carlsbad Decrees were agreed in September The press law re-introduced universal pre-publication censorship for all printed texts under 20 sheets in size.
Friedrich von Gentz — , an advisor of Clemens von Metternich — , provided the ideological justification for this with his fundamental critique of the freedom of the press in England. If a periodical publication was banned, its editor was banned from publishing for five years. The individual states now had a duty towards the other states and towards the Confederation as a whole to ensure that the provisions were enforced in their territories.
In the event that any state was not meeting its obligations in this regard, the implementation regulations provided — among other things — for the direct intervention of the Confederation. This was intended to counteract difficulties which German particularism presented with regard to uniform censorship. While the university law was intended to pacify the universities, the investigation law permitted spying on writers suspected of subversion. As surviving reports demonstrate, this was a kind of forerunner of the Stasi headquarters of the 20th century.
The Carlsbad Decrees, which were initially introduced on a temporary basis, were extended in , and were made more stringent by the "Ten Articles" agreed by the Federal Assembly in Vienna in Thus, nearly three decades of the history of the German Confederation were dominated by attempts to introduce and perfect the control of the press by the state authorities.
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There were a number of attempts to return to the promises of the Final Act of and to call into question the legality of the Carlsbad Decrees. For example, in January , a liberal press law was introduced in Baden , which abolished the censorship of all printed texts. However, just a few months later a federal decree put an effective end to this Baden press law, and to the hopes of a general liberalization which it had given rise to. It was the March Revolution of which brought an end to state censorship in Germany, albeit only temporarily.
Already in , a federal decree had granted the member states the right to revise the laws regarding the press as they saw fit.