Georg Beseler

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Georg Beseler in 1846

Carl Georg Christoph Beseler (born November 2, 1809 in Rödemis ; † August 28, 1888 in Harzburg ) was a German lawyer , university professor , Prussian politician , royal Prussian Privy Councilor and member of the Prussian mansion . In the Frankfurt National Assembly he was a leading member of the constitutional committee .

family

Georg Beseler was a son of the royal Danish chamber council and dike inspector Cay Hartwig Beseler and his wife Sophie Magdalena, nee. Jahn (1768-1820). His older brother was Wilhelm Beseler .

Beseler's two sons were later ennobled. Max von Beseler became the Prussian Minister of Justice. Hans von Beseler was intended for a long time to head the Wilhelmine General Staff and became governor of occupied Poland during the First World War . His daughter Sophie married the lawyer Hugo Helfritz , later mayor of Greifswald .

Life

Beseler studied law at the Universities of Kiel and Munich . In 1827 he became a member of the Old Kiel Burschenschaft Germania . He refused to take the oath on the Danish king and therefore could not settle in Kiel as a lawyer. In 1833 he became a private lecturer in Kiel , but was banned from lecturing for political reasons. Beseler then worked in Göttingen and taught as a private lecturer in Heidelberg . During this time he made close childhood friends with the historians Georg Gottfried Gervinus and Karl Hegel . During his studies in Göttingen he joined acquaintance with from Wismar coming Friedrich Christoph Dahlmann , later a leading German historian and political instructor, and with the brothers Grimm .

In 1835 Beseler became professor of constitutional law in Basel , 1837 in Rostock , 1842 in Greifswald and 1859 in Berlin , where he served three times (1862/63, 1867/68 and 1879/80) as rector and legal history, commercial, private and constitutional law taught.

During his time in Rostock, he tried to appoint his colleague from the field of history, Karl Hegel, to the local university, who in the 19th century advanced to become one of the most important historians in the field of urban history research.

From May 1848 to May 20, 1849 Beseler belonged like his brother to the Frankfurt National Assembly as a member of the 13th constituency of the province of Pomerania ( Wolgast ). He was one of the leading members of the Casino parliamentary group and was a member of several committees, including the Constitutional Committee and the Imperial Deputation . Georg Beseler appeared more than 30 times in the national assembly's debates on fundamental rights .

From 1849 to 1852 and 1862 Beseler was a member of the Prussian House of Representatives . In 1850 he was a member of the Erfurt Union Parliament . From 1874 to 1881 Beseler was a member of the Reichstag . In 1875 he was appointed to the Prussian mansion at the suggestion of the Friedrich-Wilhelms-Universität , of which he was vice-president from 1882 to 1887. Beseler worked intensively on the creation of the Prussian Penal Code of 1851 and the liberalization of civil and criminal proceedings. In addition, Beseler was a member of the lawless society in Berlin from 1859 .

An important intellectual student of Beseler is Otto von Gierke , who developed the idea of ​​cooperative law into social law.

Georg Beseler died in Harzburg in 1888 at the age of 78 and was buried in the Old St. Matthew Cemetery in Schöneberg near Berlin. The grave has not been preserved.

Act

Beseler is considered to be the founder of the cooperative theory, which he developed step by step in his works. The legal person does not see this as a mere fiction of the legal system, but as a supra-individual unit of effect. On this teaching Otto von Gierke later built the theory of the real association personality.

Beseler also worked out the legal figure of the collective hand . In his view, the members of a community give up their independent personality to a certain extent and create a new legal sphere without, however, forming an independent legal entity.

Major works

  • The three-volume doctrine of contracts of inheritance (1835–1840) deals with the history and the dogmatic background of contracts of inheritance.
  • With People's Law and Jurists' Law (1843) ( digitized and full text in the German text archive ) Beseler took a stand against Friedrich Carl von Savigny and the historical school of law that was largely influenced by him . Beseler refuted their dogma that only the lawyer could be active in creating the law with the idea of ​​popular law in the form of cooperative theory.
  • The three-volume system of common German private law (1847–1855) finally strengthened the doctrine of cooperatives and propagated a turn to national and customary sources of law.
  • Commentary on the Criminal Code for the Prussian States. Weidmann, Leipzig 1851. ( digitized and full text in the German text archive )

See also

literature

Web links

Commons : Georg Beseler  - Collection of images, videos and audio files

Individual evidence

  1. ↑ His baptismal names are mentioned in various orders in the literature.
  2. ↑ Today a district of Husum .
  3. ^ Herbert Beelte: Beseler, Casy Hartwig . in: Schleswig-Holstein Biographical Lexicon . Volume 2. Karl Wachholtz Verlag, Neumünster 1971, p. 56
  4. ^ Helge Dvorak: Biographical Lexicon of the German Burschenschaft. Volume I: Politicians. Sub-Volume 1: A-E. Winter, Heidelberg 1996, ISBN 3-8253-0339-X , p. 90.
  5. ↑ On this friendship, which is documented by a detailed exchange of letters, cf. especially Marion Kreis: Karl Hegel. Historical significance and scientific history location (= series of publications of the Historical Commission at the Bavarian Academy of Sciences. Vol. 84). Vandenhoeck & Ruprecht, Göttingen u. a. 2012, especially p. 28ff., ISBN 978-3-525-36077-4 .
  6. ↑ See last Marion Kreis: Karl Hegel. Historical significance and scientific history location (= series of publications of the Historical Commission at the Bavarian Academy of Sciences. Vol. 84). Vandenhoeck & Ruprecht, Göttingen u. a. 2012, especially pp. 97ff., ISBN 978-3-525-36077-4 .
  7. ^ Hans-Jürgen Mende: Lexicon of Berlin tombs . Haude & Spener, Berlin 2006, p. 299.
  8. ↑ Bernd-Rüdiger Kern: Beseler, Georg (1809–1888) , in: Albrecht Cordes , Heiner Lück , Dieter Werkmüller (eds.): Concise dictionary on German legal history . (December 3, 2015).
  9. ↑ Bernd Schmildt: Beseler, Georg (1809–1888) , in: Albrecht Cordes, Heiner Lück, Dieter Werkmüller (eds.): Concise dictionary on German legal history . (December 3, 2015).
  10. ↑ Gerhard Köbler: Deutsche Rechtsgeschichte - Ein systematischer Grundriss , 6th edition, Munich 2005, p. 217.
predecessor Office successor
Friedrich Ludwig Huenefeld Rector of the University of Greifswald
1845 		Karl August Traugott Vogt
Friedrich August Gottlob Berndt Rector of the University of Greifswald
1854 		Karl August Traugott Vogt
personal data
SURNAME Beseler, Georg
ALTERNATIVE NAMES Beseler, Carl Georg Christoph (full name)
BRIEF DESCRIPTION German lawyer and politician, MdR
DATE OF BIRTH November 2, 1809
PLACE OF BIRTH Rödemis
DATE OF DEATH August 28, 1888
Place of death Harzburg