Poet lawyer

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The term poet lawyer called a poet ( epic poet , lyricist , playwright ) with legal training. The term was established in law by Eugen Wohlhaupter in the 1950s and is now also used in literary studies. The poet lawyer in the narrower sense who completed his studies (e.g. Franz Kafka ) can be distinguished from the poet lawyer in the broader sense who broke off his studies (e.g. Jacob Grimm ).

Many poet lawyers already feel the tendency to write in childhood and adolescence (e.g. Kurt Tucholsky ). The preoccupation with the law gains ground during the course, which is started partly out of real interest ( Alexis Piron ), partly as a “bread course” (probably Heinrich Heine ) at the request of the parents ( Georg Heym ). After the end of the training and the establishment in the profession, the writing of novels, dramas and poems regains increasing importance ( Bernhard Schlink ). Fictional writing either stands alongside professional activity ( Goethe ) or takes its place entirely ( John Grisham ).

Relationship between literature and law

The fact that there are so many poet lawyers is attributed to the similarities between law and literature.

Law and literature both deal with reality. Law is used to control social processes, and literature reflects these social processes. In particular, those matters are publicly perceived as the subject of legal proceedings, which deal with big issues: love, death and passion, power, money and betrayal. This is also the stuff from which literature is made. Therefore, many fictional adaptations choose life as a model, at least in part, as it was discussed in particular in criminal trials (e.g. Bernd Schroeders Hau ), or describe court proceedings directly ( Der Vorleser , Der Regenmacher , The Caine Mutiny Court Martial ). The American Law & Literature movement has pointed out that facts established by a court are ultimately based on narratives (by witnesses , experts and in pleadings ) and therefore in this sense even narratives - in the sense of artificial (not: artistic) Fabrications - are. Ultimately, this argument is directed against the distinction between fiction and reality .

The second thing they have in common is the language. It is the subject of endeavor in both law and literature, albeit in different ways. Law is largely written law, preserved in legal texts and in court judgments. Therefore, language is also the tool of the trade for lawyers. It is not for nothing that it is specifically prescribed that the language of the court should be German (Section 184 of the Courts Constitution Act ), and it is not without reason that the interpretation of laws begins with the wording of the standard (see grammatical interpretation ), so that poet lawyers believe that the legal methods of interpretation “in a something less rigid form ”can also develop artistic relevance.

In literature and law, it is about the connection between reality and language. The lawyer takes a life issue and asks whether the legal text covers it ( subsumption ). The man of letters takes reality and tries to find the “mot juste”, the “ultimate suitable word for it”. The collections of famous criminal cases can be seen as a mediating link between jurisprudence and literature, the best known being that of François Gayot de Pitaval , who gave the genre its name (see Pitaval ). To this day they are treasure troves for authors of all kinds.

It may be because of these similarities that many writers at home and abroad have worked legally over the centuries. The path to fiction releases poet lawyers at the same time from a compulsion that only exists in the law: lawyers have to decide the case ( prohibition of judicial refusal as the flip side of the right to justice ); In contrast to this, poets can refrain from making a final assessment of their circumstances and even leave it in the balance as to the outcome of their story (so-called open conclusion ). Law and literature use the same medium with language, but they use it for different purposes: the law draws boundaries; art transcends them. To this extent, the richness and diversity of beautiful literature form a natural contrast to legal and scientific prose.

Poet lawyers say that their artistic work as a writer would look significantly different if they had not met the law. Juli Zeh even thinks it is possible that she would not be able to write novels without her legal studies. In any case, the "precise and structured thinking of the lawyer" also helps her when writing fiction, and Martin Mosebach thinks that a reverse German studies represent "a heavy burden for a writer".

Poet lawyers in literature

Poet lawyers are not only authors but also subjects of literature. Jonathan Littell's Les Bienveillantes ( The Kindly Ones ) is the life story of a doctorate lawyers, the SS - officer Max Aue. Even the autobiographical first-person narrator feels drawn to literature:

“If you really wanted to know, nothing was further from me than law: As a young man I would have loved to study literature and philosophy. I was denied that - a sad chapter in my family novel ... "

- Jonathan Littell : The well-meaning

Finally, there are cases where a poet lawyer makes a poet lawyer the protagonist of the narrative. In Der Vorleser , the poet lawyer Bernhard Schlink tells from the first person perspective of the poet lawyer Michael Berg : The narrative also contains a poem that the first-person narrator wrote:

“When we open up
to me and I to you,
when we sink
into me you and I into you,
when we pass
you into me and you into me.

Then
I am me
and you are you. "

- Bernhard Schlink : The reader

Quotes

"After all, the ability to read carefully forms the core of our professional repertoire and establishes our strange relationship with the genres of literature and poetry."

- Joseph HH Weiler: The Steinmann case. 1998

See also

literature

On the connection between literature and law

  • Jean-Claude Alexandre Ho: Law and Literature. A left answer to Law and Economics. Forum Law 2008, pp. 86–87 ( online ; PDF; 125 kB)
  • Daniel Halft: The scene becomes a tribunal! A study on the relationship between law and literature using the example of the play 'Cyankali' by Friedrich Wolf. BWV, Berlin 2007, ISBN 978-3-8305-1420-6 .
  • Klaus Kastner: Literature and law - a never-ending story. In: Neue Juristische Wochenschrift ( NJW ). 2003, pp. 609-615.
  • Michael Kilian: Literature and Jurisprudence - Notes on the professional profile of the lawyer. In: Deutsche Richter-Zeitung ( DRiZ ). 1985, pp. 18-21.
  • Jochen Leffers: Poet lawyers: "I give a shit about law". In: Spiegel online. June 28, 2001
  • Ulrich Mölk (Ed.): Literature and Law: Literary legal cases from antiquity to the present. Wallstein, Göttingen 1996, ISBN 3-89244-215-0 .
  • Edward Schramm : Law and Literature. In: Legal worksheets (JA). 2007, pp. 581-585.
  • Theodore Ziolkowski : The Office of Poets. German Romanticism and its Institutions. Translated from the American by Lothar Müller, Stuttgart 1992. (In: Das Recht. Pp. 83–172)

Edited volumes on poet lawyers

  • Barbara Sternthal : Jurists as Writers: Portraits of Poetic Legal Scholars, Österreichische V.-G., Vienna 2006, ISBN 3-7067-0043-3 .
  • Lovis Maxim Wambach: Border Crosser Between Jurisprudence and Literature. Werner Krauss, Kurt Tucholsky, Friedrich Georg Jünger and Martin Beradt. Nomos-Verlagsges. Baden-Baden, 1st edition 2000, ISBN 3-7890-6512-9 .
  • Lovis Maxim Wambach: The poet lawyers of Expressionism. Nomos, Baden-Baden 2002, ISBN 3-7890-7734-8 .
  • Hermann Weber (ed.): Juristen als Dichter , series of legal contemporary history, Nomos, Baden-Baden 2002, ISBN 3-7890-7704-6 with contributions to Immermann, Nadler, Oppermann, Wichert, Dahn, Franzos, Huch, Mombert, Behl , Serner and Drach
  • Hermann Weber (ed.): Real and fictitious criminal cases as a subject of literature. Publication series legal contemporary history, Berliner Wiss.-Verlag 2003, ISBN 3-8305-0614-7 .
  • Hermann Weber (ed.): Poets as lawyers. Publication series legal contemporary history, Berliner Wiss.-Verlag 2004, ISBN 3-8305-0812-3 .
  • Eugen Wohlhaupter: poet lawyers. Tübingen, Volume I 1953, Volume II 1955, Volume III 1957.

Conversations with poet lawyers

  • Juli Zeh and Martin Mosbach on law and literature . A conversation held by Britta Lange and Hermann Weber. In: Hermann Weber (Hrsg.): Literature, law and music. Conference at Nordkolleg Rendsburg from September 16 to 18, 2005. Berliner Wissenschafts-Verlag, Berlin 2007, ISBN 978-3-8305-1339-1 , pp. 183-204.

Essays on poet lawyers

  • Matthias Claudius . Bodo Pieroth: The legal study in the literary certificate. In: Legal Education ( Law ). 1993, pp. 353-353.
  • Joseph von Eichendorff . Bodo Pieroth: The legal study in literary testimony - Joseph von Eichendorff. In: Legal Education (Law). 2001, pp. 382-384.
  • Goethe . Hans-F. Brandenburg: The driven poet lawyer Goethe - or - Is there life before death? In: Neue Juristische Wochenschrift (NJW). 1997, pp. 1141-1142.
  • John Grisham . Bernd J. Hartmann: The study of law with John Grisham. In: Neue Juristische Wochenschrift (NJW). 2003, pp. 626-629.
  • ETA Hoffmann . Wulf Segebrecht : civil servants, artists, outsiders. Analogies between the legal and the poetic practice of ETA Hoffmann. In: Imprimatur NF 11, 1984, pp. 295-307.
  • Franz Kafka . Bodo Pieroth: The legal study in the literary certificate. In: Legal Education (Law). 1993, pp. 415-416.
  • Heinrich von Kleist . Bodo Pieroth: The legal study in the literary certificate. In: Legal Education (Law). 1991, p. 500.
  • Hermann Sinsheimer . Barbara Hartlage-Laufenberg: Palatine and lawyer - Jew and man of letters: Hermann Sinsheimer. In: Neue Juristische Wochenschrift (NJW). 1999, pp. 1941-1943.
  • Theodor Storm . Antje Erdmann-Degenhardt: Between Dannebrog and Prussian eagle - the Schleswig-Holstein lawyer Theodor Storm. In: Neue Juristische Wochenschrift (NJW). 1989, pp. 337-343.
  • Jodocus Donatus Hubertus Temme . Barbara Hartlage-Laufenberg: Jodocus Hubertus Donatus Temme - lawyer, politician, writer. In: Neue Juristische Wochenschrift (NJW). 2011, pp. 714-718.
  • Kurt Tucholsky . Anja Schiemann: The lawyer and writer Kurt Tucholsky - A biographical approach taking into account his ties to cabaret, revue and chanson. In: Hermann Weber (Hrsg.): Literature, law and music. Conference at Nordkolleg Rendsburg from September 16 to 18, 2005. Berliner Wissenschafts-Verlag, Berlin 2007, ISBN 978-3-8305-1339-1 , pp. 89–112.

Individual evidence

  1. ^ Bernhard Grossfeld: Language, Law, Democracy. In: NJW. 1985, p. 1577 (1577); Bodo Pieroth, quoted from "dizygoti twins". In: Münsters Universitäts-Zeitung No. 4/2000 from July 5, 2000, online at the Westfälische Wilhelms-Universität ( Memento from September 14, 2005 in the Internet Archive ).
  2. ↑ Bodo Pieroth, quoted from "Dizygotic Twins". In: Münsters Universitäts-Zeitung No. 4/2000 of July 5, 2000, online at the Westfälische Wilhelms-Universität ( Memento of September 14, 2005 in the Internet Archive ); About law and literature. A conversation with Juli Zeh and Martin Mosebach , conducted by Britta Lange and Hermann Weber, In: Hermann Weber (Ed.): Literature, Law and Music. Conference at Nordkolleg Rendsburg from September 16 to 18, 2005 , Berliner Wissenschafts-Verlag, Berlin 2007, pp. 183–204 (200), ISBN 978-3-8305-1339-1 .
  3. ↑ Law, Morals and Customs ; Hartmut Maurer: Guarantee of continuity and protection of trust. In: Josef Isensee / Paul Kirchhof (eds.), Handbook of Constitutional Law of the Federal Republic of Germany, Volume IV. Tasks of the State, Heidelberg 2006, § 79 Rn. 1.
  4. ↑ Bodo Pieroth, quoted from "Dizygotic Twins". In: Münsters Universitäts-Zeitung No. 4/2000 from July 5, 2000, online at the Westfälische Wilhelms-Universität ( Memento from September 14, 2005 in the Internet Archive ).
  5. ↑ See for love fiction , for death death in literature and art , for treason Gundula Bavendamm: Espionage und Verrat. Conspiratorial war stories and French domestic politics, 1914–1917. , Dissertation. Essen 2004.
  6. ↑ See generally Hermann Weber (Hrsg.): Real and fictional criminal cases as a subject of literature. Series of legal contemporary history, Berliner Wiss.-Verlag 2003; About law and literature. A conversation with Juli Zeh and Martin Mosebach , conducted by Britta Lange and Hermann Weber, In: Hermann Weber (Ed.): Literature, Law and Music. Conference at Nordkolleg Rendsburg from September 16 to 18, 2005 , Berliner Wissenschafts-Verlag, Berlin 2007, ISBN 978-3-8305-1339-1 , pp. 183-204 (203).
  7. ↑ in the same direction Juli Zeh, On Law and Literature. A conversation with Juli Zeh and Martin Mosebach , conducted by Britta Lange and Hermann Weber, In: Hermann Weber (Ed.): Literature, Law and Music. Conference at Nordkolleg Rendsburg from September 16 to 18, 2005 , Berliner Wissenschafts-Verlag, Berlin 2007, ISBN 978-3-8305-1339-1 , pp. 183–204 (203): “Because every exam that I. .. have written, and have always considered every pleading that I ... had to write as the usual mixture of lies, fiction and a certain amount of knowledge and facts and reality. ... I also regard my legal texts as, in a certain way, literary acts. "
  8. ^ Bernhard Grossfeld: Language, Law, Democracy. In: NJW. 1985, p. 1577 (1577); Bodo Pieroth, quoted from "dizygoti twins". In: Münsters Universitäts-Zeitung No. 4/2000 of July 5, 2000, online at the Westfälische Wilhelms-Universität ( Memento of September 14, 2005 in the Internet Archive ); also: About law and literature. A conversation with Juli Zeh and Martin Mosebach , conducted by Britta Lange and Hermann Weber, In: Hermann Weber (Ed.): Literature, Law and Music. Conference at Nordkolleg Rendsburg from September 16 to 18, 2005 , Berliner Wissenschafts-Verlag, Berlin 2007, ISBN 978-3-8305-1339-1 , pp. 183-204 (200).
  9. ↑ On the codified law, see legal positivism and legislation .
  10. ↑ Especially in common law ; for meaning in codifying legal systems, see Judge Law and Precedent .
  11. ^ Bernhard Grossfeld: Language, Law, Democracy. In: NJW. 1985, p. 1577 (1577).
  12. ↑ a b About law and literature. A conversation with Juli Zeh and Martin Mosebach , conducted by Britta Lange and Hermann Weber, In: Hermann Weber (Ed.): Literature, Law and Music. Conference at Nordkolleg Rendsburg from September 16 to 18, 2005. Berliner Wissenschafts-Verlag, Berlin 2007, ISBN 978-3-8305-1339-1 , pp. 183-204 (200).
  13. ↑ Eugen Wohlhaupter: Poet lawyers. Tübingen, Volume I 1953, Volume II 1955, Volume III 1957; Hermann Weber (ed.): Jurists as poets , series of legal contemporary history, Nomos-Verlag-Ges. 2002; ders. (Ed.): Poets as Jurists , series of legal contemporary history, Berliner Wiss.-Verlag 2004; see also above under poet lawyers
  14. ↑ BVerwG, judgment of May 28, 1980 - 7 A 2/79, NJW 1980, p. 2826 (2828)
  15. ↑ Hans D. Jarass, in: ders./Bodo Pieroth: Basic Law. 8th edition. Munich 2006, ISBN 3-406-54180-1 , Art. 20 Rn. 91 ff.
  16. ↑ Bodo Pieroth: Literary forays through the history of legal training in Germany. In: Gilbert H. Gornig, Urs Kramer, Uwe Volkmann (eds.): State - Economy - Community. Festschrift for Werner Frotscher on his 70th birthday. Duncker & Humblot, Berlin 2007, p. 795 (798).
  17. ↑ About Law and Literature. A conversation with Juli Zeh and Martin Mosebach , conducted by Britta Lange and Hermann Weber, In: Hermann Weber (Ed.): Literature, Law and Music. Conference at Nordkolleg Rendsburg from September 16 to 18, 2005 , Berliner Wissenschafts-Verlag, Berlin 2007, ISBN 978-3-8305-1339-1 , pp. 183-204 (Zeh, p. 199; Mosebach, p. 199 f .).
  18. ↑ About Law and Literature. A conversation with Juli Zeh and Martin Mosebach. Led by Britta Lange and Hermann Weber, In: Hermann Weber (Hrsg.): Literature, law and music. Conference at Nordkolleg Rendsburg from September 16 to 18, 2005. Berliner Wissenschafts-Verlag, Berlin 2007, ISBN 978-3-8305-1339-1 , pp. 183-204 (199).
  19. ↑ Juli Zeh: Interview - Biometric fingerprint on passport. In: New legal weekly . Issue 35/2008, p. XIV.
  20. ↑ About Law and Literature. A conversation with Juli Zeh and Martin Mosebach. Led by Britta Lange and Hermann Weber, In: Hermann Weber (Hrsg.): Literature, law and music. Conference at Nordkolleg Rendsburg from September 16 to 18, 2005. Berliner Wissenschafts-Verlag, Berlin 2007, ISBN 978-3-8305-1339-1 , pp. 183-204 (201).
  21. ↑ "I used to scribble my notes on small index cards ... now I've decided to write the whole thing down coherently." And "You might be wondering how I ended up in the lace industry. Actually, nothing was further from me than the economy. I studied law and economics and got my Dr. jur. made, ... “, quoted from the preprint of the Frankfurter Allgemeine Zeitung No. 29 of February 4, 2008, p. 34.
  22. ↑ Quoted from the preprint of the Frankfurter Allgemeine Zeitung No. 29 of February 4, 2008, p. 34.
  23. ^ Bernhard Schlink: The reader. Paperback edition Diogenes, Zurich 1997, ISBN 3-257-22953-4 , p. 57.
  24. ↑ First -person narrator, a law professor, In: Joseph HH Weiler : Der Fall Steinmann. Wassmann, Bremen 1998, p. 49.

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