How Did Maria Theresa Reform The Legal System?

In terms of law, Austria had no procedural uniformity, no clear demarcation lines, no division between public and civil law and no comprehensible system of appeal. These features were replaced by a modern notion of legal sovereignty controlled by central influence. The first step towards implementing this policy was the creation of a Supreme Court in 1749, which was completely independent of central government. This principle of separation was also applied to the provinces, where a clear and independent system of appeal courts was established. Problems with this policy included a lack of codification. In fact, the Compilation Commission received opposition from every vested interest in the monarchy.

Maria Theresa decided on a compromise between tradition and the Enlightenment, which was also apparent in the Criminal Code issued in 1768. However, although these reforms received considerable opposition from many Enlightened thinkers, one real advance was the abolishment of torture, a policy totally in line with the Enlightenment.