Self-defense in Theory and in Practice between 1878 and 1944
Self-defense in Theory and in Practice between 1878 and 1944
Author(s): Viktória DeákSubject(s): History, Law, Constitution, Jurisprudence, History of Law, 19th Century, Pre-WW I & WW I (1900 -1919), Interwar Period (1920 - 1939)
Published by: STS Science Centre Ltd
Keywords: self-defense; history of law; case-law; Csemegi Criminal Code;
Summary/Abstract: Self-defense is one of the oldest legal institutions in the Hungarian law having the greatest traditions, the rules of which were already included in Act No. V of 1878 called Csemegi Criminal Code. The main issue of this study is how the rules of law concerning self-defense were implemented in the case-law of the Royal Court of Justice Debrecen between 1878 and 1944. For the purpose of finding the right answer to this question I have reviewed nearly 150 boxes stored under number VII.4/c at the Hajdú-Bihar County Archives of the National Archives of Hungary. After analyzing the decisions related to self-defense, I have drawn the conclusion that we cannot say there was a coherent and consistent case-law regarding this legal institution; I believe a long process of development has been required to fill the conceptual elements constituting self-defense with substance.
Journal: Journal on European History of Law
- Issue Year: 9/2018
- Issue No: 1
- Page Range: 169-173
- Page Count: 5
- Language: English
- Content File-PDF