UT GER 382N - Images of the Emperor and the Law in the Habsburg Empire and Successor States

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1Instructor: Dr. Katherine ArensDec. 17, 2002, spelling correction made Mar. 7, 2002Margaret Woodruff-WiedingGER 382N (34435)Intellectual History: Made in Austria--Annotated BibliographyImages of the Emperor and the Law in the Habsburg Empire and Successor States:1848-1938 (Abstract and Introduction to Annotated Bibliography)The emperor and the law were important themes not only in the parables of Franz Kafka, but alsofor many other writers between 1848 (the year of the March Revolution in the Austrian Empire andthe December crowning of Emperor Franz Joseph) and 1938 (the year of the annexation of Austrianterritory to the Third Reich). The Austrian (and then Austro-Hungarian) Empire did not have auniversal unified law code very long at any given time if at all, but it was known for the thorough,if complex, organization of its administrative bureaucracy. The narrative of the emperor as ahypothetical, and sometimes actual, near-saintly interlocutor in matters of justice was at least asimportant as the bureaucracy and the army in holding the Empire together. Ceremony provided astrong analogy between the emperor and the courts of law, which contributed to the effectiveness ofboth.There is surprisingly strong agreement among scholars that these issues are what we come up withwhen we examine autobiographies, letters, biographies, feuilletons, cartoons and other visual arts,and belles lettres in our attempt to define what is uniquely Austrian, so I have prepared anannotated bibliography on literary treatments of the emperor and the law in the Austro-HungarianEmpire and its successor states, 1848-1938. It describes and comments on both primary andsecondary texts (and, incidentally and inevitably, on the history and culture of the period) insofar as2they refer, explicitly or implicitly, to the concepts Kaiser (emperor) and Gesetz (law) and closelyrelated terms in their word fields. (German examples include der Richter, die Gerechtigkeit, dasRecht, das Gericht, der Prozess, die Prozedur, die Jura, der Jurist, die Justiz, die Verfassung, derMonarch, der König, der Staat [but not die Nation]). The intersection of those two concepts is notnecessary for this bibliographical search, because at times one and at times the other is uppermostin the minds of the people who are reflecting on these issues.In searching for those terms I will exclude any usages referring to scientific or “natural” laws andto academic law, theology, and philosophy as taught at universities, and for the most part I willignore views held by the kings, emperors, judges, and lawmakers themselves, since I am lookingfor a range of typical views held by citizens of all social classes and occupations. I will not excludeprimary and secondary sources in languages other than German and English. This project is one ofcomparative cultural studies grounded in literature.The bibliography will include a few unannotated entries (those works I have been unable to look atbefore submission), but most entries will be annotated at some length concerning the implicitassumptions of the authors of the primary and secondary texts, uncovering a set of typical views tobe discussed at greater length. After surveying these, I may be able to develop the annotatedbibliography into a course proposal that will be as relevant to concerns in the United States today asit is to issues regarding the Austro-Hungarian Empire. If so, I will continue to acknowledge mydebt to the course “Intellectual History: Made in Austria” as taught by Dr. Katherine Arens andparticipated in actively by a remarkable group of students in Fall 2002 at the University of Texas atAustin. Not only specific articles and books, but also specific suggestions as to procedure are taken3directly from this group. I will expand and update the bibliography as soon as possible, using aseries of suggestions recently made by John Woodruff as well. I will appreciate reports fromreaders on any errors, omissions, or new studies they discover and will incorporate these in theexpanded version. Please write to me at my permanent address, [email protected](Margaret Woodruff-Wieding, 115 West 32nd Street, Austin, Texas 78705).Arens, Katherine. "Central Europe and the Nationalist Paradigm." CAS Working Papers in AustrianStudies 96-1. Notes, works cited. Center for Austrian Studies, U Minnesota, March 1996.With my bibliography and Arens’ paper, I might try to do for the entire empire, 1848-1938, whatMagris, Johnston, and Decloedt do on “high” or “official” cultural politics in fin de siécle Vienna.Arens describes a particularly Austrian cultural pattern stressing “individual citizens’internalization of a model of contractual hegemony, guaranteed through access to the…emperor,”going all the way back to Leopold II’s “Glaubensbekenntnis.” See section 3, “Civility and Justice,”pp. 26-27.---. “For Want of a Word…: The Case for Germanophone.” Unterrichtspraxis 32.2 (Fall 1999):130-142. Notes, works cited.This terminological question really needs to be solved in order for German Studies to continuecoherently. The desirability of the term must be seen in the context of the construction of nationalor imperial identity, as described in Benedict Anderson’s Imagined Communities. Arens’integration of this discourse with discussion of Habermas’ “public sphere” is even more importantfor a study of Austrian culture than it is for Germanophone culture in general.4---. ”The Habsburg Myth: Austria in the Writing Curriculum.” Unterrichtspraxis 29.2 (Fall 1990):174-187. Notes.The course description, pp.182-187, covers the reign of Emperor Franz Joseph and the period justbefore and after. It includes assignments, syllabus, sample exam, book and film lists. Incombination with my bibliography, this enables me to design courses on Austria and CentralEurope. P. 175 compares the cultural function and interaction of emperors and popes, and the wayGermanophone people sometimes “construe negotiations.” P. 177 shows how to use Taylor, TheHabsburg Monarchy, and Sked, The Decline and Fall of the Habsburg Empire, to demonstratecontrasting approaches. Pp. 178-179 recommend ‘materials not normally treated as part of officialhistory” such as Joseph Roth’s Radetzkymarsch and Istvan Szabo’s Oberst Redl and support thethesis that “most histories of all sorts concur that Emperor Franz Joseph went out of his way toportray himself as ‘first bureaucrat of the


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