Background to the Development of Extrajudicial Legal Aid: Industrialisation and Social Legislation
The history of extrajudicial legal aid in Germany began in the 1890s, durÂing the era of industrialisation, when the population grew significantly. From 1816 to 1845, the population of Germany increased from 23 to 32.7 million people.
By 1875, it had grown to 42.7 million, and in 1910, the number reached 64.9 million.[356] Industrialisation and the rapid populaÂtion growth led to quick urbanisation and the development of a working class. While in 1875, 61% of the inhabitants in Germany (26.1 million) still lived in small towns with less than 2000 inhabitants, by 1920, this proportion had decreased to 40% (26 million). In the same period, the population of big cities with more than 20,000 inhabitants rapidly increased from 6.2 million (14.4% of the whole population) to 22.5 milÂlion (34.7%).[357] Thus, population growth occurred mainly in big cities or industrial regions.[358] Furthermore, the number of workers increased signifiÂcantly. The working population in all economic sectors grew by 66% between 1882 and 1907. Moreover, the population growth rate of workÂers in the industry sectors, including mining and construction, was over 110%.[359] These workers became the potential clients of extrajudicial legal aid. Workers were, however, not all alike as, in the early twentieth century, economic status differed greatly between sectors, genders, ages, religions, and ethnic backgrounds.[360]Industrialisation, urbanisation, and the development of the working class created increased demand for legal advice and information for the socially and economically disadvantaged, especially workers. In general, contracts were becoming more important in the daily life of workers, above all in the form of labour contracts and tenant leases. However, new legislation regarding social insurance and labour protection for workers were crucial in both workers’ lives and in creating the need for legal advice. Workers faced many risks—illness, industrial accidents, disability, and old age.
In order to deal with these risks, three acts regarding social insurance for workers were adopted in the Bismarck Era (1871-1890)—the acts on health insurance, on industrial accident insurance, and on disability and retirement insurance.[361] Through these acts, poverty due to injury, disabilÂity, and old age was removed from traditional poor relief, and receiving benefits became a legal right.[362] In addition, in the era of Emperor Wilhelm II (1888-1918), a series of laws for the protection of workers was issued. Furthermore, courts for employment-related issues were established, in which lawyers were excluded from representing parties in lawsuits.[363] These new laws, especially those of social insurance, created new rights for workÂers and obligations on the government. However, these new laws and rules and how they were applied by the authorities and courts was compliÂcated. It was also difficult for workers to file appeals from decisions made by the insurance authorities. Legal illiteracy on the part of workers and ignorance about their legal rights created immeasurable disadvantages.[364] On the other hand, practising lawyers did not generally have the knowlÂedge and skills concerning these new legal rules, either.[365] In addition, working-class people, most of whom could not pay lawyers’ fees, were not attractive clients. This constellation resulted in a mass demand for legal advice and information, and this gap was filled mainly by non-lawyers or lay lawyers, as described in the following sections.