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Gerd Hofmann:
Mining Privilegies in criminal Law in the old Mining Region of Schwaz

Under the reign of Emperor Maximilian I., the county of Tyrol saw important administrative and legal reforms. In 1490, Maximilian passed a set of mining laws for the mining region of Schwaz, which contained a number of technical, administrative, economic, social, and juridical stipulations, some of them referring to the criminal law in relation to the mining community. They were followed, in 1499, by the first Tyrolean penal code, the so called "Maximilianische Halsgerichtsordnung". A comparison of its criminal law clauses with those of the mining laws for Schwaz clearly shows that - as in other aspects of life - the miners and their families were in a better position than the rest of the local population, which occasionally resulted in tensions between the two. Thus, it may be justified to speak of a two-class jurisdiction in the former mining region of Schwaz.