Erwin Jacobi (lawyer)

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Erwin Jacobi (* 15. January 1884 in Zittau , † 5. April 1965 in Leipzig ) was a German state and canon law at the University of Leipzig .

Life

He was born in Zittau as the son of a department store owner. Jacobi first studied law in Munich , then at the University of Leipzig , where he completed his habilitation there in 1912. He then became a lecturer in public law at this university and received his professorship in the 1920s .

Jacobi primarily dealt with state church law in his work. Another focus of his research was the public law of the Weimar Republic , where he coined the concept of breaching the constitution . In 1924, together with Carl Schmitt, he gave a much-noticed lecture at the meeting of the " Association of German Constitutional Law Teachers " in Jena with the title The dictatorship of the Reich President according to Article 48 WRV . Here the two speakers founded the so-called "Schmitt-Jacobi theory", which u. a. assumed that the Reich President was not allowed to enact formal laws on the basis of his emergency ordinance law. With this, Schmitt and Jacobi turned against the prevailing doctrine - represented primarily by Gerhard Anschütz - which had granted the Reich President the right to issue emergency decrees representing the Reich. The theory remained inferior and even the two authors later turned away from it.

Another highlight in Jacobi's Weimar career was the representation of the Reich government (together with Carl Schmitt and Carl Bilfinger ) in the “ Prussia versus Reich ” trial before the State Court of Justice for the so-called “ Prussian Strike ”.

After the National Socialists came to power, Jacobi was dismissed because of his Jewish ancestors on the basis of the law to restore the civil service . Jacobi belonged to the Confessing Church .

After the collapse of the Third Reich , Jacobi resumed teaching in Leipzig. In 1947 he turned down an offer from Heidelberg University and took over the post of rector in Leipzig, which he held until 1949. In 1948 he was elected a full member of the Saxon Academy of Sciences .

In 1949 Jacobi became dean of the law faculty in Leipzig. Although Professor Jacobi represented a democratic attitude, the character of the faculty changed from a bourgeois to a Marxist educational establishment during this time without opposing any resistance. Long before his retirement in 1959, he had withdrawn from his academic work on canon law. In 1955 he was elected a corresponding member of the German Academy of Sciences in Berlin .

Committed seemed Jacobi in the Evangelical Lutheran Church of Saxony , the Synod he belonged from 1948 to 1959. Since 1956 he was canon of Wurzen Abbey .

In 1954 he was made an honorary doctorate from the Theological Faculty of Leipzig University. On the occasion of the 550th anniversary of the University of Leipzig, he was awarded the Patriotic Order of Merit in silver in 1959 .

Fonts

  • Basic tenets of labor law. Deichert, Leipzig 1927.
  • Introduction to commercial and labor law. A floor plan. Meiner, Leipzig 1919; 5th edition, 1926.
  • The legal status of the German federal states. Meiner, Leipzig 1917.
  • with Richard Schmidt : Two public law treatises as a festive gift for Otto Mayer. Meiner, Leipzig 1916.
  • Patronages of legal persons. Enke, Stuttgart 1912.

literature

Web links

Individual evidence

  1. ^ New Germany , October 13, 1959, p. 4.