Ernst by Moy de Sons

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Kraft Karl Ernst Freiherr von Moy de Sons (born August 10, 1799 in Munich , † August 1, 1867 in Mühlau near Innsbruck ) was a German legal historian and canonist . He was a professor at the universities in Würzburg, Munich and Innsbruck.

Life

Moy de Sons was born in 1799 as the son of a Picard nobleman, who emigrated from France in 1789, and his wife, daughter of a Mainz merchant. Moy de Son's father worked as a businessman in Munich. He studied law at the University of Landshut and became a member of the Corps Bavaria Landshut in 1821 . He moved to the Julius Maximilians University of Würzburg and the Friedrich Alexander University of Erlangen . After graduating, he first joined the Bavarian War Ministry as an auditor . In 1827 he was at the University of Erlangen Dr. iur. PhD. This was followed by the habilitation (1827) at the law faculty of the Ludwig Maximilians University in Munich . He became a private lecturer and worked as a lawyer (1830–1833) in Munich. In 1833 he was the successor to the constitutional lawyer Anton Arnold Linck ordained Professor of Constitutional, federal and international law at the University of Würzburg; his successor was Johann Joseph von Kiliani . In 1837 Moy de Sons became full professor for constitutional law and legal philosophy at the University of Munich at his own request. In the course of the " Lola Montez Affair ", where he, on the side of the ultramontanes, to the displeasure of the Bavarian King Ludwig I and others publicly campaigned for the deportation of the dancer and lover of the king, Lola Montez, to Spain, he was Removed professorship in 1847. The constitutional lawyer Joseph Pözl succeeded him in the chair.

Moy de Sons was briefly transferred to Neuburg an der Donau (criminal) as a judge of appeal . He finally submitted his leave of absence and moved to Innsbruck in Tyrol in 1848 . There, through his wife, he made contact with the conservative old Tyrolean party around Ignaz von Giovanelli zu Gerstburg and Hörtenberg, and from 1849 published the Tyrolean newspaper , which was considered conservative .

In 1851 he resigned from the Bavarian civil service and, as part of the Thun university reform, was the successor of Georg Phillips for the entire chair for canon law and German imperial and legal history at the University of Innsbruck , with Julius von Ficker teaching German legal history from 1863. He lectured in German and Italian and was a professor until his death in 1867. In 1837 he became a member of the 7th Chamber of Deputies for the University of Würzburg ( Untermainkreis ) , the second chamber of the Bavarian assembly of estates ; During this time the dispute about the “ knee bend ” took place. He was a member of the Committee for Address of Thanks and the First Committee on Legislative Matters. In 1858 he became rector of the University of Innsbruck.

At first he mainly dealt with constitutional law, which he later deferred in favor of canon law. Although only to a limited extent scientifically emerged in Würzburg, the textbook of Bavarian constitutional law (1840–1846) is regarded as his main work , which is considered to be the “first really comprehensive presentation of Bavarian constitutional and administrative law” (Michael Stolleis). In 1854 he founded the still-existing ecclesiastical journal Archive for Catholic Canon Law with special consideration for Austria in Innsbruck, with which he earned merit for canon law .

In Munich he belonged to the "Eos Circle" (around Franz von Baader ) and then to the "Görre Circle" (around Joseph Görres ). As a Catholic legal scholar with a “conservative” or “ restorative ” outlook, Moy de Sons was a supporter of the Austrian interior minister Alexander von Bach and culture minister Leo von Thun and Hohenstein as well as a proponent of the Austrian concordat policy (see neo-absolutism ). After he was Vice President in Freiburg (1860) and Munich (1862), he was President of the 16th German Catholic Congress in Würzburg in 1864 . Pözl criticized him for his ultramontanism , later picked up a. a. by Michael Stolleis and Robert Piloty . The events were also part of the suppression of the idealistic idea of natural law in favor of legal positivism . Moy de Sons' approach, which was more in line with Roman and scholastic orthodoxy , also differed from Thomistic natural law, as represented by Viktor Cathrein and Johannes Messner .

He was married to a daughter of the Tyrolean freedom fighter and Austrian politician Joseph von Giovanelli zu Gerstburg and Hörtenberg . He was the father of several children, some of whom died early.

Awards

Fonts (selection)

  • Some Thoughts on Police Legislation (1825)
  • De impedimentis matrimonii (1827)
  • The marriage and the position of the Catholic Church in Germany considering this point of their discipline. With an appendix on the relationship of the church to the state and a tabular overview of the marriage laws drawn up in the more important German federal states (1830)
  • The marriage law of Christians in the Eastern and Western Churches up to the time of Charlemagne is shown from the sources (1838; reprint 1970)
  • Textbook of Bavarian constitutional law (4 vol., 1840–1846)
  • Basic lines of a philosophy of law from the Catholic standpoint (2 vol., 1854/57, dedicated to Cardinal Joseph Othmar von Rauscher )
  • The Secular Rule of the Pope and the Legal Order in Europe (1860)
  • The law outside the referendum (1867)

literature

Web links

Individual evidence

  1. ↑ Kösener corps lists 1910, 170/131
  2. ↑ a b Andreas Röpke: The Würzburg Faculty of Law from 1815 to 1914. Legal studies and legal teaching in Würzburg between the Restoration and the First World War (= Würzburg juristic writings . Vol. 27). Ergon Verlag, Würzburg 2001, ISBN 3-935556-77-2 , p. 214.
  3. ↑ a b Andreas Röpke: The Würzburg Faculty of Law from 1815 to 1914. Legal studies and legal teaching in Würzburg between the Restoration and the First World War (= Würzburg juristic writings . Vol. 27). Ergon Verlag, Würzburg 2001, ISBN 3-935556-77-2 , p. 281.
  4. ↑ a b c Andreas Röpke: The Würzburg Faculty of Law from 1815 to 1914. Legal studies and teaching in Würzburg between the Restoration and the First World War (= Würzburg juristic writings . Vol. 27). Ergon Verlag, Würzburg 2001, ISBN 3-935556-77-2 , p. 215.
  5. ↑ a b Andreas Röpke: The Würzburg Faculty of Law from 1815 to 1914. Legal studies and teaching in Würzburg between the Restoration and the First World War (= Würzburg juridical writings. Volume 27). Ergon Verlag, Würzburg 2001, ISBN 3-935556-77-2 , p. 216.
  6. ^ A b Michael Stolleis : History of Public Law in Germany . Volume 2: Constitutional Law and Administrative Science, 1800–1914 . Beck, Munich 1992, ISBN 3-406-33061-4 , p. 198 f.
  7. ↑ Nikolaus Grass : The canon law teachers of the Innsbruck University from 1672 to the present. A contribution to the history of science in Austria . In: Publications of the Museum Ferdinandeum 31 (1951), pp. 157–212, here: p. 178.
  8. ↑ a b Peter Goller : Natural law, legal philosophy or legal theory ?. On the history of legal philosophy at Austrian universities (1848–1945) (= legal and social science series . Vol. 18). Lang, Frankfurt am Main a. a. 1997, ISBN 3-631-32271-2 , p. 63.
  9. ^ Peter Goller : Natural law, legal philosophy or legal theory ?. On the history of legal philosophy at Austrian universities (1848–1945) (= legal and social science series . Vol. 18). Lang, Frankfurt am Main a. a. 1997, ISBN 3-631-32271-2 , p. 63 f.
personal data
SURNAME Moy de Sons, Ernst von
ALTERNATIVE NAMES Moy de Sons, Kraft Karl Ernst Freiherr von (full name)
BRIEF DESCRIPTION German legal historian and canonist
DATE OF BIRTH August 10, 1799
PLACE OF BIRTH Munich
DATE OF DEATH August 1, 1867
Place of death Mühlau (Innsbruck)