Entwicklungslinien und Perspektiven des Agrarrechts

History Historical lines of the agricultural law comprise medieval law for local units and classes ("Dorf- und Bauernrecht") as well as special agricultural laws based on the liberation of the peasants and the redistribution of land ("Landwirtschafts- und Landeskulturrecht"). After an increased ideological importance in the "Ständestaat" and the "Deutsches Reich" ("Bauernrecht") the development into modern agricultural law started. Theory The legal terms of agriculture and forestry are not unified. The creation of a system of agricultural law according to outer and inner criteria results in an independence based on the combination of the legal institutes enterprise, agrarian market and rural development. The position within the legal system is relatively independent. "Sonderrechtstheorie" and "funktionaler Ansatz" are two main theories of agricultural law. The latter is also suitable for the common agricultural law. After an outline of the state of the science of agricultural law today differences to environmental law and the agri-environmental law are analysed. Tendencies The analysis of structural change, over-production and agrarian crisis (BSE) is followed by the investigation of the main tendencies: Globalizing (WTO and MEA), europeanizing and - as the principal focus of the text - ecological development (questions of ecological contracts, treaties and protectorates). Juridification and property restrictions, especially the cumulation of several restrictions that give no cause for concern when regarded alone, are further themes examined. The creation of special agricultural laws as well as the regulation of agricultural matters within the general law occur, though there is a slight tendency to the latter. Perspectives Themes treated are sustainability and multifunctionality in agricultural law as well as an agricultural policy based on ecological and social aspects ("Ökosoziale Agrarpolitik"). Simplification, differentiation or re-nationalization of the EC-agricultural law, instruments of environmental law such as self-restraint agreements or taxes, codification of agricultural law, a code of good agricultural practice as well as consultation and education and after all questions of ethics in agricultural are further subjects. A new approach to a law of rural development refering to the rural development as the expression of ecological, economical and social aspects of the foundation of human live is discussed. This new approach would also influence the future science of agricultural law. Altogether the agricultural law proves to be the right field of law to answer cross-linkings and interfaces between different subjects concerning problems such as areas of unspoiled nature, cultivated landscape, ecological and sustainable agriculture, quality of foodstuffs and rural development.