Alexander von Daniels (legal scholar)

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Alexander Joseph Alois Reinhard Edler von Daniels (born October 9, 1800 in Düsseldorf , † March 4, 1868 in Berlin ) was professor of law at the Humboldt University in Berlin , royal Prussian crown syndicate , author of numerous writings and politicians.

family

He came from an old Rhineland noble family and was the son of the landowner and royal Prussian district judge Alexander Adam Joseph Maria Edler von Daniels (1772-1826) and Elisabeth Mörs (1778-1851).

Daniel's first marriage was on June 28, 1827 in Kleve Wilhelmine von Gruben (around 1804– November 20, 1840). There are four daughters from this marriage. In his second marriage, he married on April 8, 1843 in Hamm (Westphalia) Hulda von Pestel (born March 30, 1816– April 3, 1912). There are eight more children from this marriage.

Life

He studied law in Heidelberg and Bonn since 1818, became a member of the Old Bonn Burschenschaft in 1819 , entered the Prussian civil service as an auscultator at the Paderborn Higher Regional Court in 1821, was an Appellate Court assessor from 1826, at the Rhenish Court of Appeal in Cologne until mid-1830, then at the Regional Court in Kleve. Daniels was employed as a judicial advisor at the Rhenish Auditing and Cassation Court in 1843 , and when the latter was merged with the Upper Tribunal (1852) he became a councilor. At the same time, he had given lectures at the university on German legal history and the Code Napoléon since 1844 . 1848 Member of the Prussian National Assembly and the Constitutional Commission appointed by it, he resolutely represented the prerogatives of the crown, spoke against the right to refuse taxes and against the abolition of the right to hunt on foreign land. Elected to the First Chamber in 1849 and appointed by the King as a lifelong member of the manor house in 1854 and appointed to the Crown Syndicate , he proved himself to be one of the pioneers of the Christian state and a staunch opponent of every liberal innovation, as he did as a consultant for Rhenish legislation tried to achieve the widest possible application of conservative principles.

Works

His numerous writings are partly private law, partly procedural, partly legal history. To be emphasized are:

  • Principles of the Rhenish and French criminal proceedings (Berlin 1849);
  • Textbook of the common Prussian private law (Berlin. 1851–52, 4 vol .; second edition, that. 1862);
  • Legal monuments of the German Middle Ages (with von Gruben and Kühns, Berlin 1857–63, 2 departments in 3 volumes);
  • Mirror of the German People (Berlin 1858);
  • Handbook of the history of German imperial and state law (Tübingen 1859–63, 2 parts in 4 volumes);
  • System of Prussian civil law (Berlin 1866, 2 vols.).

The best-known is his treatise Age and Origin of the Sachsenspiegel (Berlin 1853), in which, as in the legal monuments against Homeyer, he defended the untenable view that the Sachsenspiegel was only an extract from the Schwabenspiegel and the Saxon soft image law.

literature

Web links

Individual evidence

  1. ^ Helge Dvorak: Biographical Lexicon of the German Burschenschaft. Volume I Politicians, Part 1: AE. Heidelberg 1996, p. 180.
personal data
SURNAME Daniels, Alexander von
ALTERNATIVE NAMES Daniels, Alexander Edler von; Daniels, Alexander Joseph Alois Reinhard Edler von
BRIEF DESCRIPTION Prussian high tribunal councilor, crown syndicate and university professor
DATE OF BIRTH October 9, 1800
PLACE OF BIRTH Dusseldorf
DATE OF DEATH March 4, 1868
Place of death Berlin