Ernst Christian Westphal

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Ernst Christian Westphal

Ernst Christian Westphal (born January 22, 1737 in Quedlinburg ; † November 29, 1792 in Halle (Saale) ) was a German legal scholar.

Life

Westphal was born the son of a royal Prussian lawyer and tax councilor. His younger brother was the Protestant theologian Georg Christian Erhard Westphal (1752-1808). Since 1753 he studied at the University of Halle and his doctorate there in 1757 to the doctor of the rights. He then held law lectures there, became an associate professor on January 13, 1761, and on July 26 of the same year he was given a full professorship at the law faculty. In 1764 he rose to the fourth full assessor of the Faculty of Law, was Ephorus of the Magdeburgische Free Table in 1767, third assessor of the Faculty of Law in 1775, second assessor of the Faculty of Law in 1781 and senior of the Faculty of Law in 1791. At the same time he had taken over the supervision of the coin as well as the natural history cabinet and became royal Prussian secret judiciary. Westphal had also taken part in the organizational tasks of the Halle University and was prorector of the Alma Mater in 1771/72 .

Act

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Westphal is the most important and most independent student of Daniel Nettelbladt (1719–1791). Like his teacher, he mainly emphasizes methodology. He developed it by name on two sides, in two series of works. That one time it concerns the exploitation of legally interesting cases from the practice of verdicts. Here Westphal has devised a method to put them together in such a mosaic-like manner in connection with any compendium or system of the relevant subject that every time a kind of commentary on the selected compendium emerges. In this way he has the German and imperial private law in two volumes (Halle 1783-1784), the criminal law (Halle 1785), the teaching and constitutional law (Halle 1784), the Pandects in two volumes (Halle 1792), according to his own systems processed.

The other group deals with monographs from common law, with a strong emphasis on source study. The method here should consist of thorough commentary on all sources relating to the material, the results of which are then to be systematically sorted. For the writing, the exegesis of the individual sources, from which the researcher has to start, is referred to in the notes; the text should form the systematically ordered results. An index is supposed to prove that all sources in the notes have actually been discussed, i.e. also in the texts. As you can see, this “hermaneutic-exegetical-systematic method” in itself, apart from the dreary schematism, is not so bad. Only in Westphal's hand did it fail, for lack of the ability to really understand sources, indeed for lack of love for the matter.

So it happened that in the most frivolous way, where his own method would have required study of the sources, he contented himself with using the older source comments and was particularly clumsy in the choice of authors and views, which he followed, and so are his monographic ones Representations that extend over the whole area of ​​property, obligation and inheritance law in a series of special writings have become inedible compilations. The best of them is still the first, which is a little more thoroughly worked out, the “attempt at a systematic explanation of all Roman laws on lien” (Leipzig 1770), while the later degenerate more and more.

In retrospect, Westphal remains a prolific writer of little value. However, he is given certain methodological merits in the study of sources and the form of the monograph, as well as the use of the German language for such work. In the exercise he introduced to relieve the performing text of exegesis by using long notes, he himself influenced Savigny's work on property, the same work which so unconditionally condemned him in terms of content.

Works

  • Diss. De effectu feloniae vasalli quoad succeflores feudales legítimos innocentes. Hall 1757, 1779
  • Diss. De effectu feloniae vasalli quoad successores feudales, praeter legitimos, et effcctu feloniae successorum feudalium, quoad alios successores feudales. Hall 1757, 1779
  • Progr. De iure singulorum. Hall 1757, 1779
  • Diss. De veris casibus matrimonii putativi. Hall 1758, 1779
  • Diss. De conditiono potestativa institutioni liberorum adiecta. Hall 1758, 1779
  • Diss. De consortibus et adiutoribus criminum, eorumque poena et noxa, seeundum leges Germaniae crimínales generatim. Hall 1760, 1779
  • Progr. De duplici actione restitutoria omnibus fere in integrum restítutioníbus praetoriis communi. Hall 1760, 1779
  • Confpectus scientifico litterarius pandectarum Schaumburgianarum. publicis praelectionibus accommodatus. Hall 1760
  • Conspectus scientífico-litterarius pandectarum Heinecciaaarum, publicis praelectionibus accommodatus. Hall 1760
  • Diss. De iure accrescendi inter cohaeredas, interdum iure non decrescendi, ioterdum secus. Hall 1761, 1779
  • Diss. Statistico-historica de veris initiis circulorum Imperii. Hall 1761
  • Diss. De indole bonae fidei in praescriptionibus. Hall 1764, 1779
  • Atrium iuris universi praefertim civilis ad elementa Heinecciana accommodatum in tabulis. Hall 1766
  • Attempt to systematically explain all of the Roman laws on liens. Leipzig 1770, 1791, 1800
  • Pietatis monumentum, quod viro ill. D.Jo. Nitzschio, Regí Boruss. a consiliis belli etc. posuit. Hall 1770
  • Institutiones iuris civilis de libertate et servitutibus praediorum artis ordine digestae. Leipzig 1773
  • Systematic guidance to the knowledge of the best books in the legal truth. Leipzig 1774, 1779, Halle 1791
  • Institutiones iuris naturalis, artis ordine digestae et ab arbitrariis fori sententiis purgatae. Leipzig 1776
  • Legal treatise of those pertinence pieces of a house sold. Hall, 1778
  • Legal reinforcement of the opinion: that lordly claims from a contract are provided with a tacit, but not privileged mortgage. 1778
  • Exercitationum academicarum ad materias diversas iuris pertinentium fasciculus de annis 1757-1764. Hall 1779
  • Legal discussion of the pledging of foreign goods. 1779
  • Legal treatise on handover and lending. 1779
  • Legal treatise on the accident of the Heyrathsguth when the marriage was separated. 1779
  • Legal treatise on the use of Justinianian law in German constitutional law. 1779
  • R LEGAL treatise of the legacies that are not on certain things or buzzing, but on a part of the estate ever directed. Hall 1780
  • Legal treatise by those righteous of those German imperial estates in church matters. 1780
  • Legal treatise of the trade on artificial uncertain profit. 1783
  • From the legal evidence of a negative. 1783
  • The Teutsche und Reichsständische private law, in scientifically ordered and with practical elaborations strengthened treatises and comments on its most important subjects. 1st part Leipzig 1783, 2nd part. ibid. 1784, and Leipzig 1798
  • Principles of legal judgment of permitted and illicit actions taken out of heat of anger. Hall 1784
  • Today's Teutonic feudal law. Leipzig 1784
  • Germany’s current constitutional law, in scientifically ordered and with practical elaborations strengthened. and comments on its most important subjects. Leipzig 1784
  • Thoughts of the effect of entering and annulling Catholic dumplings in respect of the Protestants in Germany; In addition to intervening doubts about the declaration of the Peace of Westphalia made by the Giessen writers in the Mainz monastery affair, an opportunity for them and others to confirm the truth even more by resolving it. Hall 1784
  • Teulschland's current criminal law, in scientifically ordered and. With practical elaborations, theses papers and Notes on its main subjects. Leipzig 1785
  • The ordeal of the Greeks, Homer and Teutfchen; a coherent explanation of the laws referring to it. Leipzig 1785
  • Traces of the divine government in the fiefdom and withering away of the great King Friedrich, who was wrested from the Prussian states by death. Leipzig 1786
  • The Father of the Fatherland, a painting by Friedrich Wilhelm II, King of Prussia, borrowed and dedicated to him. Leipzig 1787
  • Legal treatises from different parts of legal truth. Hall 1787
  • System of the Rom. Right on the types of things, possession, ownership and statute of limitations. Leipzig 1788 (actually 1787), Frankf. u. Leipzig, 1791
  • Doctrine of the common law of purchase - lease, rent and inheritance contract, of the cession, also the guarantee of property, and the defects. Leipzig 1788, 1807
  • Orationes duae. Altera de orthodoxia religionis Jureconsultis recens a nonnullis exprobrata, altera de vera Dei cognitione et reverentia rebus publicis christianis necessaria. Accedit censurae edicti regii hujus anni, quo in sacris docendi licentia coërcetur, confutatio. Hall 1788
  • Happiness and privilege of the Christian; a didactic poem, dedicated to Frideriken Luisen, Queen of Prussia. Hall 1789 (actually 1788)
  • Theory of Roman law of wills, their testers and heirs, their form, etc. Validity. Leipzig 1790 (actually 1789)
  • Systematic commentary on the laws governing the presentation and opening of wills, acceptance and rejection of inheritance, the rights and obligations of the heir, including his procedural and petitionary legal remedies. Hall 1790
  • Diss. Sistens quaestiones juris privati: an legatum, qui modus dotis, adjectus modo non impleto, corruat? Hall 1790
  • Meditationis philosophici et theologici argumenti; quibus addita est: beati JP Milleri, Theologi Gottingensis, et beati Nitzschii, ICti Haleniis, delineata effigies. Leipzig 1790
  • Progr. In memoriam viri perillustris D. Dan. Nettelbladtii - nomine ICtorum hujus Fridericianae ordinis scriptum. Hall 1791
  • H ermeneutic - systematic representation of the rights of legacies and entails, their provisions, invalidity and cancellation, accretion, transmission, fourths, custody, declarations and legal remedies, as well as concilles. 2nd volume Leipzig 1791
  • Doctrine of common law of purchase, lease, rent and inheritance contracts, the cession, also the guarantee of property and defects. 1791
  • Investigation of the question: whether a will made without the prescribed form is valid because of the extraordinary Rothfall that has existed? 1791
  • Salvation of God's perfections from evil in the world. a didactic poem hall 1792
  • Public and private legal opinions and selected knowledge of civil law; In addition to a scientific compilation of the principles applied in it and in the knowledge of this subject, according to the order of the Pandects. 2 volumes. Leipzig 1793
  • System of the doctrine of the individual types of legacy, and the action for divorce. 1793
  • The German and imperial private law: in scientifically ordered and with practical elaborations strengthened treatises and comments on its most important subjects. Leipzig 1798

literature

Web links

personal data
SURNAME Westphal, Ernst Christian
BRIEF DESCRIPTION German legal scholar
DATE OF BIRTH January 22, 1737
PLACE OF BIRTH Quedlinburg
DATE OF DEATH November 29, 1792
Place of death Halle (Saale)