by Thomas Thiede
Two definitions of illegality have come down from Ulpian. Those two definitions were developed by the French ius commune into two theories of illegality. In the course of the Austrian and French codifications the differences between the two theories were, to a large extent, lost in the background. However, in the second half of the 19th century, they remerged due to developments in Swiss law and have since then given rise to the discussion about so-called “objective” and “subjective” illegality.
On November 18, 2010, 19:30 s.t. at Juridicum II – Hörsaal Schenkenstrasse Prof. Bénédict Wininger will outline – in a lecture in German – the historical and theoretical background of this debate and assess whether, 2000 years later, Ulipan was right with his two, apparently controversial, definitions after all.