'De libertate imperfecta rusticorum in Germania‘

This study offers new insights into the legal status of the German peasantry in the 18th century by showing why Justus H. Böhmer, despite acknowledging natural freedom, argued for their legal unfreedom. It analyzes his reasoning at the intersection of natural law, ius civile and noble power interests, explaining why the ius civile was rejected as an unsuitable framework. The study also examines the concrete legal consequences of this imposed servitude and situates Böhmer’s approach within the social transformations of the late Old Reich. It combines legal history with the history of natural-law thought.