Anton Menger

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Anton Menger around 1890. Photographer Josef Löwy .

Anton Menger von Wolfensgrün, (born September 12, 1841 in Maniów , Galicia , † February 6, 1906 in Rome , Italy ) was an Austrian lawyer and social theorist who, in addition to his university activities, mainly devoted himself to the propagation of socialist writings on a legal background . Pseudonym : Julius Bergbohm .

life and work

Historical account of the right to full earnings , 1899
Figure of Anton Menger on his grave in the Vienna Central Cemetery by Richard Kauffungen
Bust of Anton Menger in the University of Vienna by Richard Kauffungen

Anton Menger was the son of Anton Menger von Wolfensgrün and Karoline, geb. Gerzabek. His brothers were Max Menger and Carl Menger . Menger attended elementary school in Biala from 1847 to 1851, followed by secondary school and from 1852 to 1856 the Catholic "kk Gymnasium Teschen ". He spent his last two years at the "kk Ober-Gymnasium Troppau ". On January 28 , 1860, he passed the high school diploma in Cracow as an external student . He studied law at the University of Vienna from the winter semester of 1860. On July 25, 1865, he received his doctorate at the University of Vienna. In 1869 he became a lawyer . In 1872 he qualified as a professor for Austrian civil procedural law. From 1875 to 1899 he worked as a university professor for civil procedural law in Vienna ; there he was also rector and dean from 1895/96 in 1880/81 and 1887/88.

Menger's theses and his arguments are to be seen against the background of a changed social order, which from the middle of the 19th century onwards, shaped by the economic crisis (1873) and social questions, searches for answers to liberal politics (“ invisible handAdam Smith ) strives for more social justice. Unlike Karl Marx and Friedrich Engels , his interest in law allows him to start from problems of legal theory.

In legal theory, Menger rejects the justification of legal principles through natural law - on the other hand, he demands that the validity of the law be measured by its conformity with the given social power relations. His best-known books are: "The right to the full income of labor in a historical representation", "Civil law and the dispossessed classes of the people" and The New State Doctrine. As an advocate for the dispossessed classes of the people, he also resolutely opposed the first draft of the Civil Code published in 1888 along with the five-volume "Motifs". He particularly complained that the elaborations were formulated in a legally and formally incomprehensible manner and that their content was unbalanced anti-social, as it would encourage unrestrained Manchester liberalism.

His name is also known in connection with the collection of original socialist literature in Vienna . Menger collected everything he could find and went on special “book trips” to Paris , London and Berlin , from which he brought back special socialist literature that made his library unique in the world. He bequeathed his library to the University of Vienna. In the early 1920s, Menger's private library was taken into care by the Social Science Study Library of the Chamber for Workers and Salaried Employees for Vienna .

In "Juristen-Sozialismus" (" Die Neue Zeit . Revue des intellectual and public life". Vol. 5 (1887), Issue 2, pp. 49-62), Friedrich Engels and Karl Kautsky attacked Mengers (1886) on Marx's " Capital " as well as fundamentally with his project to justify socialism in legal theory: "Proof is promised that Marx is a plagiarist, and it is proven that one word , the 'surplus value', even before Marx, albeit in another Senses have been used! "

Honors

  • In 1897 he received the title of Hofrat .
  • In 1919, Mengergasse in Vienna- Floridsdorf (21st district) was named after him.
  • In the arcade courtyard of the University of Vienna - the university's hall of fame - there is a bust of Menger. As part of “purges” by the National Socialists in early November 1938, ten sculptures by Jewish or supposedly Jewish professors in the arcade courtyard were overturned or smeared with paint in connection with the “ Langemarck Celebration ”. At this point in time, the acting rector Fritz Knoll had the Arkadenhof sculptures checked; on his instructions, fifteen monuments were removed and placed in a depot, including that of Anton Menger. After the end of the war, all damaged and removed monuments were put back in the arcade courtyard in 1947.

Works

  • The admissibility of new actual submissions in the higher instances. A treatise on civil processing . Alfred Hölder, Vienna 1873. Digitized
  • System of the Austrian civil procedure law in a comparative legal representation . Alfred Hölder, Vienna 1876. Digitized MDZ reader
  • About the abolition of the evidence interlocute and a new arrangement of the civil procedure. Lecture given at the Legal Society on March 3, 1879 . Vienna 1879. (From: Juristische Blätter , 1879, issue 10 and 11)
  • The doctrine of the parties to the dispute in the Austrian civil process . Hölder, Vienna 1880. (From: Journal of Contemporary Private and Public Law , Vol. VII, Issue 4)
  • The right to full income from work in historical representation . Cotta, Stuttgart 1886. Digitized MDZ reader . 2. verb. Ed. 1891 Digitized Internet Archive
  • Expert opinion on the proposals for the establishment of a federal university for law and political science . JJ Schabelitz, Zurich 1889.
  • Civil law and the poor people classes. A criticism of the draft of a civil code for the German Reich . H. Laupp. Tübingen 1890. Digitized 2. u. 3rd thousand 1890 4th edition 1908 Digitized Internet Archive .
  • Julius Bergbohm: New calculation methods in higher mathematics . Self-published, Stuttgart 1891. Digitized Internet Archive
  • Julius Bergbohm: New integration methods based on potential, logarithmic and numerical calculation . Self-published, Stuttgart 1892. Digitization Göttingen Digitization Center
  • Julius Bergbohm: Draft of a new integral calculus based on the potential, logarithmic and numerical calculation . 2 booklets. BG Teubner, Leipzig 1892/1893. First volume Digitalisat Internet Archive Second volume Digitalisat Internet Archive
  • About the social tasks of law. Inaugural speech given on October 24, 1895 when he took over the rectorate of the University of Vienna . Braumüller, Vienna 1895. Digitized 2nd edition. 1905 Digitized .
  • New doctrine of the state . Gustav Fischer, Jena 1903. Digitized .
  • New moral doctrine . Gustav Fischer, Jena 1905. Digitized .
  • Popular politics . Gustav Fischer, Jena 1906. Digitized

literature

  • Ignaz Pisko: Dr. Anton Menger's right to full employment income . Vienna 1887.
  • Eugen Ehrlich : Anton Menger . Adolf Bonz, Stuttgart 1906. (From: Süddeutsche Monatshefte Heft 9)
  • Carl Grünberg : Menger, Anton . In: Biographisches Jahrbuch and German Nekrolog . Georg Reimer, Berlin 1908, pp. 3–22. Digitized Internet Archive
  • Carl Grünberg: Anton Menger. His life and his life's work . In: Journal for Economics, Social Policy and Administration . 18 Jg., Braumüller, Vienna 1909, pp. 29–78.
  • Gerald Schöpfer: Anton Mengers Staatslehre . Association d. Knowledge Ges. Austria, Vienna 1973. (Dissertations of the University of Graz 19) (Dissertation Graz 1971)
  • Gerald Schöpfer: The Austrian social pioneer Anton Menger and his work . In: Austria in history and literature . Edited by the Institute for Austrian Studies. 19. 1975,6, pp. 322-335. ISSN  0029-8743
  • Karl-Hermann Kästner : Anton Menger (1841-1906). Life and work . Mohr, Tübingen 1974. ISBN 3-16-636271-1 ( Tübingen jurisprudential treatises 36) (Diss. Tübingen 1973)
  • Hans Hörner:  Menger (von Wolfensgrün) Anton. In: Austrian Biographical Lexicon 1815–1950 (ÖBL). Volume 6, Verlag der Österreichischen Akademie der Wissenschaften, Vienna 1975, ISBN 3-7001-0128-7 , p. 220 f. (Direct links on p. 220 , p. 221 ).
  • Eckhart Müller: Anton Mengers legal and social system. A contribution to the history of social thought in law . Schweitzer, Berlin 1975. ISBN 3-8059-0357-X (Munich, Univ., Jurist. Fac., Diss. 1973)
  • Hans Hörner: Anton Menger, Law and Socialism . Peter Lang, Frankfurt am Main 1977. ISBN 3-261-02342-2 (European university publications 2) (Diss. Mannheim 1976/77)
  • Dörthe Willroth von Westernhagen: Anton Menger (1841-1906). Socialist, natural rights activist, do-gooder. In: Controversial lawyers . Volume 1. Nomos, Baden-Baden 1988. ISBN 3-7890-1580-6 , pp. 81-91.
  • Madeleine Wolensky : Anton Menger and his library . Chamber for workers and salaried employees in Vienna, Vienna 1991.
  • Complete directory of the books from the Anton Menger Library in the Social Science Study Library, compiled by Margarethe Pape and Madeleine Wolensky. Chamber for workers and salaried employees in Vienna, Vienna 1991.
  • Eckhart Müller:  Menger, Anton. In: New German Biography (NDB). Volume 17, Duncker & Humblot, Berlin 1994, ISBN 3-428-00198-2 , p. 71 f. ( Digitized version ).
  • Barbara Dölemeyer: Menger (from Wolfensgrün). Anton . In: Michael Stolleis (Ed.): Juristen. A biographical lexicon . CH Beck, Munich 1995. ISBN 3-406-39330-6 pp. 422-423.
  • Thilo Ramm : Anton Menger and the GDR or theory and practice of socialism. An epilogue . In: Topics of contemporary legal history . Vol. 4. Nomos, Baden-Baden 2000, pp. 17-70.
  • Gerhard Oberkofler : Anton Menger (1841-1906) . In: Preserve, Spread, Educate . Edited by Günter Benser and Michael Schneider. Dietz, Bonn-Bad Godesberg 2009. ISBN 978-3-86872-105-8 , pp. 196-201. Digitized FES (pdf; 300 kB)

Web links

Individual evidence

  1. Madeleine Wolensky: Anton Menger and his library , p. 10 and p. 44.
  2. "Since I belong to the few German lawyers who represent the interests of the poor people in the field of law, I have considered it my duty to lead the voice of the disinherited on this important national matter." (Anton Menger: Das Civil law and the poor people classes , p. 2.)
  3. ^ Anton Menger: The civil law and the dispossessed people classes: A criticism of the draft of a civil law book for the German Empire , H. Laupp, Tübingen, 1890. S. 16.
  4. Uwe Wesel : History of the law: From the early forms to the present. CH Beck, Munich 2001, ISBN 978-3-406-54716-4 . Marg. 285.
  5. "Only because the Vienna University loaned the estate of Anton Menger to the Social Science Study Library has it been possible for us to join the ranks of other Austrian libraries as a truly scientific institute." In: Fritz Brügel : Die Sozialwissenschaftliche Bibliothek at the Vienna Chamber of Labor . In: Bildungsarbeit , Vienna, October 1925, p. 1.
  6. ^ Marx-Engels works . Volume 21, p. 491 ff. ( Memento from December 17, 2013 in the Internet Archive )
  7. ^ Mitchell G. Ash, Josef Ehmer: University - Politics - Society . Vienna University Press, June 17, 2015, ISBN 978-3-8470-0413-4 , p. 118.
  8. ^ Review by K. Gross: Jenaer Literaturzeitung . 3 Vol. 1876, No. 28, pp. 434-436.
  9. ^ Review of Karl Kautsky and Friedrich Engels in Die Neue Zeit. Review of intellectual and public life . 5 (1887), No. 2, pp. 49-62.
  10. Review by Fleix Stoerk. In: Archive for Public Law Digitized ( Memento from March 4, 2016 in the Internet Archive )
  11. Review by Karl Diehl in: Year books for national economy and statistics digitized ( Memento from March 4, 2016 in the Internet Archive )
  12. Review: The Social Question and the Legal Order . In: The new time. Review of intellectual and public life . 9.1890-91, 2nd volume (1891), issue 40, pp. 430-438 digitized
  13. ^ Review by Franz Mehring : Anton Menger, Neue Staatslehre . In: The new time. Weekly of the German Social Democracy . 21.1902-1903, 2nd vol. (1903), issue 35, pp. 287-288.
  14. Review by Karl Kautsky: Mengers "Neue Sittenlehre" . In: The new time. Weekly of the German Social Democracy . 24.1905-1906, Volume 1 (1906), Issue 3, pp. 76-85.
  15. ^ Review by Rudolf Hilferding Anton Menger, Volksppolitik. Jena, Gustav Fischer . The new time. Weekly of the German Social Democracy . 25.1906-1907, Volume 1 (1907), Issue 14, pp. 478-480.