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34 Eur. J.L. & Econ. 1 (2012)

handle is hein.journals/eurjlwec34 and id is 1 raw text is: Eur J Law Econ (2012) 34:1-2 DOI 10.1007/s10657-012-9310-y Alexander Begert: Die Entstehung and Entwicklung des Kurkollegs. Von den Anfdngen bis zum friihen 15. Jahrhundert Schriften zur Verfassungsgeschichte, Band 81, Duncker & Humblot, Berlin, 2010 Jfrgen Backhaus Published online: 30 March 2012 © Springer Science+Business Media, LLC 2012 The Holy Roman Empire of the German Nation since about 1230 developed a most peculiar constitutional structure. Seven electors would choose the king who was then acclaimed by all the other princes. How did these seven electors succeed in disenfranchising their peers? Their position could be enhanced gradually until the end of the empire step by step through capitulations with which the king to be agreed thereby transferring prerogative after prerogative to the electors. Since on the basis of documents the question can hardly be decided, a factual information may help. In his famous chapter entitled Trade as a Craft, Werner Sombart points out how arduous was the work of the travelling merchant Backhaus (1989). Similarly, the participation in the election required the logistics of a crusade; the alternative would have been for the princes to stay at the court, thus neglecting the presence in the home country and imposing the cost of the expedition on top. Seen in this light, participating in the election just was not worth it for most princes. A king was needed, not a specific one. It was immaterial who signed the capitulation; it was just important to covet more and more royal privileges from the crown, thus reinforcing the strong centrifugal forces in the empire. Under these circumstances, it is credible that in the absence of any specific conflict to be resolved, the election of the king was left to a jury composed so as to represent all the relevant interests, clerical or secular and regional. J. Backhaus (E) Erfurt, Germany e-mail: juergen.backhaus@uni-erfurt.de _ Springer

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