Disciplines
Other Humanities (20%); History, Archaeology (30%); Law (30%); Sociology (20%)
Keywords
History,
Austria,
Lese majesty,
Historical criminology,
History of Law,
Francis Joseph
Abstract
The subject of this study is the criminal prosecution of insulting remarks about the emperor in the Habsburg
monarchy in the second half of the 19th century (1852-1918). The first chapter discusses the historical development
of the protection of state and sovereign through penal law that resulted in the penal code of 1852. Then the norms
on the protection of state and dynasty in this penal code and the settings of the criminal proceedings code are
discussed. As lese majesty was a politically disputed matter, also the discussion on the planed reform of the penal
code is given the necessary attention.The main part of the book examines which insulting remarks on Francis
Joseph were in fact prosecuted by the Regional Court Salzburg. Special attention is paid to the question what
motivated the defendants to insult the emperor and what conclusions can be drawn from their remarks regarding
the relation between authority and subjects. In this context is also analyzed how the authorities got to know about
the insulting remarks, which sentences where imposed by the Regional Court and from which factors the sentences
where influenced. Also the social composition of the offenders is analyzed. On the basis of criminal statistics the
study investigates, which social and political factors influenced the numbers of convictions for lese majesty. It can
be demonstrated, how political and economic developments influenced public opinion and how on the other side
the provision on lese majesty could be exploited to suppress political opposition. The last chapter is dedicated to
the suppression of critical comments on the emperor and the dynasty in newspapers and other products of the press.
Based on a description of the legal framework, the study analyzes how censorship was operated by the authorities
in the crown-land Salzburg. The book shows which comments in newspapers lead to confiscations and which
political developments or events within the royal family gave rise to critical comments.