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1 - Introduction

Published online by Cambridge University Press:  30 November 2009

Julia Hörnle
Affiliation:
Queen Mary University of London
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Summary

It is the year 1532. Michael Kohlhaas, described as an honest and law-abiding Brandenburg merchant, is on his way with his merchandise to an important trade fair, across the border, in the town of Leipzig. Unfortunately, he does not get beyond the border post to Saxony as the local squire has two of his horses seized and beats up his stable boy. Michael Kohlhass misses the fair and loses the opportunity to sell his merchandise. He seeks redress against the squire's arbitrary and unlawful conduct: however, the local court in the principality denies him any form of civil remedy. In his frustration, he gathers a gang of rebels and seeks revenge. He starts to burn down and pillage houses in the Saxon squire's town and eventually commits murder. As the story progresses, Michael Kohlhaas' crusade becomes more and more excessive. He loses his wife, his possessions and finally his life when he is arrested and executed some eight years later.

The story of Michael Kohlhaas and his frustrated quest for justice are proverbial in Germany, and reflect how, in an extreme case, an unresolved dispute can slowly and incrementally escalate to a cross-border bloodshed. If he had obtained a remedy at the outset, the bloodshed and destruction in the story could have been avoided. This story is relevant to the Internet, since the Internet brings a variety of persons interacting from different countries into conflict with each other, sometimes without access to redress through the state courts.

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Publisher: Cambridge University Press
Print publication year: 2009

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  • Introduction
  • Julia Hörnle, Queen Mary University of London
  • Book: Cross-border Internet Dispute Resolution
  • Online publication: 30 November 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511576102.001
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  • Introduction
  • Julia Hörnle, Queen Mary University of London
  • Book: Cross-border Internet Dispute Resolution
  • Online publication: 30 November 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511576102.001
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction
  • Julia Hörnle, Queen Mary University of London
  • Book: Cross-border Internet Dispute Resolution
  • Online publication: 30 November 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511576102.001
Available formats
×