Andreas Heusler (lawyer, 1834)

from Wikipedia, the free encyclopedia

Andreas Heusler (born September 30, 1834 in Basel ; † November 2, 1921 there ) was a Swiss lawyer , legal historian and politician .

Life

Andreas Heusler was born as the son of the jurist, legal historian and politician Andreas Heusler (lawyer, 1802) and Dorothea born. Ryhiner born in Basel . He studied law in Basel, Göttingen and Berlin and received his doctorate in Berlin in 1856 with a dissertation on two Pandektenstellen concerning predial servitutes ( easements in Roman law).

Heusler returned to Basel and worked from 1856 to 1858 in organizing the archive of the Basel St. Peter monastery . From 1857 to 1859 he was a clerk at the civil court , from 1859 a substitute judge . 1858 Heusler received at the University of Basel , the instructor of civil procedure . On February 25, 1862 he married Adelheid Sarasin (* 1841), who came from a long-established Basel family, with whom he had three children, including the old Germanist Andreas Heusler (1865–1940). Adelheid Heusler-Sarasin died in 1878 after a long illness.

From 1863 to 1913, Heusler was the successor of Wilhelm Arnold as a full professor of German law at the University of Basel. At the same time, he developed his political activity as a conservative member of the Basel Grand Council from 1866 to 1902. Although he was considered an authority on legislative issues in the council, his conservative standpoint was politically unsuccessful, since since 1875 in the canton, as before, it has been radical throughout Switzerland -The liberal direction set the tone.

In 1865 Heusler, who had been a member of the Justice Commission since 1863, worked out a Basel civil code that was not implemented in this form, as a Swiss civil code was expected, which, however, was not completed until 1907. However, partial laws such as a Guardianship Act (1880) came into force. Heusler also created the Basel Code of Civil Procedure of February 8, 1875, which is still in force (with various changes). He also worked on the drafting of a Swiss Debt Collection and Bankruptcy Act until 1889 , although its draft was changed considerably. His part in the Swiss Code of Obligations of 1881 was “only literary”.

Heusler was rector of the University of Basel in 1871 . He also emerged as a sponsor of the Basel University Library . Heusler had been head of their commission since 1886, of which he had been a member for a long time. Franz Beyerle writes in his article in the German Biographical Yearbook that the otherwise thrifty man was "extravagant in giving her gifts, a zealot in the protection of her interests".

In 1891 Heusler became president of the Basel Court of Appeal , “whose excellent judgments became famous all over Switzerland.” He held this office until 1907. In 1890 Heusler was also appointed arbitrator to settle the conflict between Portugal and Great Britain over Delagoa Bay .

The awards received by Andreas Heusler include three honorary doctorates (Universities of Basel, Tübingen and Geneva ) and the order Pour le mérite for science and the arts , which he was awarded in 1911. His grave is on the Wolfgottesacker . In 1922 a street in Basel was named after him.

Act

Andreas Heusler was one of the leading legal historians of his time. Since 1860 he published numerous legal historical and historical writings. Institutions of German private law , published in two volumes from 1885–86, is regarded as his main work . It is of Eduard His called a "resounding throw for the entire spectrum of Germanic-German cultural life," Franz Beyerle notes that it had "secured its author forever a place among the classics of law". Rudolf von Jhering wrote about the book to a friend: "... it was a true love drink, a cup of delicious wine after all that bland, stale drink that I normally had to drink on a regular basis."

Heusler's other works include: a. the History of the City of Basel , published in 1917 , which was reprinted several times up to 1969, and the Swiss Constitutional History (1920), which the Federal Council presented to every member of the Federal Assembly .

Heusler was co-editor of the Zeitschrift für Schweizerisches Recht from 1863 and its editor-in-chief from 1882 to 1920 .

Works (selection)

Legal sources of the Canton of Ticino , 1906
  • The restriction of property prosecution in the case of driving and its motive in German law. Basel, 1871.
  • Institutions of German private law. Leipzig: Duncker & Humblot, 1885–1886.
  • History of the public library of the University of Basel. Basel: Reinhardt, 1896.
  • German constitutional history. Leipzig: Duncker & Humblot, 1905.
  • Heling & Lichtenhahn (ed.): Legal sources of the Canton of Ticino . Basel ( online [accessed May 26, 2020]).
  • Heling & Lichtenhahn (eds.): Statuta Comunis totius vallis Blegnii 1500 . Basel 1907 (Latin, online [accessed May 26, 2020]).
  • History of the city of Basel. Basel: Frobenius, 1917 (6th edition 1969)
  • Swiss constitutional history. Basel: Frobenius, 1920.

literature

  • Franz Beyerle: Heusler, Andreas. In: German Biographical Yearbook; 3 (1921). Stuttgart: Deutsche Verlags-Anstalt, 1927. pp. 137–142.
  • Eduard His: Andreas Heusler-Sarasin. In: Basel scholars of the 19th century. Basel: Schwabe, 1941. pp. 263-274.
  • Prof. Andreas Heusler in: Biographical Lexicon of Deceased Swiss People, Vol. 2. Zurich: Swiss Industrial Library, 1948. p. 22.
  • Wilhelm Vischer: In memory of Andreas Heusler (1834–1921) . In: Basler Zeitschrift für Geschichte und Altertumskunde , Vol. 20, 1922, pp. 381–394. ( e-periodica.ch )

Web links

Individual evidence

  1. ^ His, p. 268
  2. ↑ a b Beyerle, p. 138
  3. ↑ a b Biographical lexicon of deceased Swiss
  4. ^ His, p. 267
  5. ↑ Basler Strasseennamen ( Memento of the original from August 17, 2009 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , Website of the Canton of Basel-Stadt, accessed on December 25, 2011. @1@ 2Template: Webachiv / IABot / www.stadtplan.bs.ch
  6. ^ His, p. 269
  7. ↑ Beyerle, p. 141
  8. ↑ Quoted from the article by Andreas Heusler in: Grosse Schweizer. Zurich: Atlantis Verlag, 1938
personal data
SURNAME Heusler, Andreas
BRIEF DESCRIPTION Swiss lawyer, legal historian and politician
DATE OF BIRTH September 30, 1834
PLACE OF BIRTH Basel
DATE OF DEATH November 2, 1921
Place of death Basel