Schleswig-Holstein Court Records

Overview
In ancient times the jurisprudence in Schleswig-Holstein was not unified. It was based mainly on common law (not written down) with emphasis on regional interpretations in jugdement done by the people and the administrators in charge. In Neumünster the law was differently interpreted than it was in Schleswig or Lübeck, for instance. These differentiations have their basis in the political, economic, military and social history of Schleswig-Holstein, as parts of the country came under different rule at different times. When the attempt was made to issue written rules regarding jurisprudence,the various aspects of regional laws were integrated from

Jütisches Recht- It was the written law of the Danish Kingdom and was valid until 1683. In the Duchy of Schleswig, it remained (Das Jütische Low-Buch) and parts were still used until 1900. This particular law did not touch on all asprects of life, so the Roman based laws were consulted and the Carolina. (The Carolina is the law "Hand- und Halsrecht" issued by Emperor Karl V. This law became the basic criminal guideline in the Kingdom of Denmark although Denmark at no point belonged to the Holy Roman Empire). Even to this day, there are some aspects of the Jütish law which take precedence over the German BGB (federal law) i.e., regarding Lehen und Stammgüter (fiefs), Erbpachtrecht (laws re.fee-farms), Anerbenrecht (inheritances by law of entail), Wasserrecht (water rights), Deichrecht (dike rights), Jagdrecht (hunting rights), Zwangs- und Bannrecht (jurisdiction rights) as well as Haftung des Staates und der Gemeinden (liability of state and communities).

Holstenrecht -

Lübisches Recht -

Sachsenspiegel -

Dithmarschenrecht -

We find lower courts (Amtsgerichte) already in Eutin and Schwartau (both belonged to the Fürstentum Lübeck) in 1861. In 1867 eighty-six Amtsgerichte were established throughout Schleswig-Holstein. This number was reduced to 70 courts in 1879. Throughout the decades the number of lower courts in Schleswig-Holstein shrank to 30 in 1995.

An Amtsgericht is typically responsible for