Friedrich Gottlob Nagelmann
Friedrich Gottlob Nagelmann (born September 3, 1889 - † February 29, 1994 ) is a fictional German constitutional lawyer who has been mentioned in many legal publications for decades and is the subject of satirical treatises.
background
The original inventor of Nagelmann is unknown; but there seems to be a connection to other academic and political jokes such as the fictional member of the Bundestag Jakob Maria Mierscheid , the fictional psychologist Ernst August Dölle and the equally fictitious diplomat Edmund Friedemann Dräcker . The figure of FG Nagelmann is one of the most famous German fictional people. The who's who of German constitutional law lists Nagelmann as a "matter officer, especially for mystical matters".
The most comprehensive source on Nagelmann's life is the commemorative publication Das True Constitutional Law, compiled by a college of academic staff at the Federal Constitutional Court. Between pleasure and performance , in which Roman Herzog , Ernst Benda and Kay Nehm as well as numerous other top-class lawyers have their say. The figure has also found its way into some serious encyclopedias, for example Meyer's Current Personal Lexicon contains a “biography” of Nagelmann. Nagelmann is also - in a subplot - character in the detective novel Leichen im Keller der Bundesverfassungsgericht (1996) by Hendrik Hiwi .
Fictional life story
Nagelmann was born as the son of Forestry Councilor Wenzel Wilhelm Nagelmann and his wife Sophie Charlotte, nee. Kleinschmidt was born in Insterburg , East Prussia . In 1908 he made his Abitur at the Kant-Gymnasium in Königsberg. The topic of his Abitur essay was Does the categorical imperative still tell us something today? Nagelmann's conclusion at the end of the essay was: "He has, because I've always done well with him so far." Then he served as a one-year volunteer with the 1st Pomeranian Field Artillery Regiment No. 2 in Stettin . In Berlin he met his future wife, Ännchen Agathe von Brockelsdorff, during an officer training course.
Study time
From 1910 he studied law, economics and ornithology at the University of Königsberg . In addition, he studied the basics of ophthalmology and took part in forest science lectures as a guest auditor. The last aspect is not only to be seen from the point of view of the family tradition, but can also be explained with his preference for legal questions of lignogenic traffic route planning , which he already revealed in the first beginners' lectures . Due to the subsequent chaos of war, his quote “Via lignissima melior quam nulla” (“A clear wrong path is better than no path at all”) is only passed down orally.
He continued his law studies from 1912 in Heidelberg , Greifswald and Berlin ; Worth mentioning are his in-depth studies in Roman law in Heidelberg with von Sultzhoff. He was exempted from military service because of various ailments, especially shortsightedness and myopia. He was released from the reserve as a lieutenant colonel in the Landwehr.
In 1915 he completed his studies in Königsberg with the first state examination; it achieved the seldom awarded grade: "particularly satisfactory". In the same year he married Miss von Brockelsdorff. In the marriage, Nagelmann was not without trials. He was having an affair with the much younger Henriette Heinbostel , who later became Germany's first female higher regional court president . The Heinbostel Festschrift reports on "sexual violence" between the two lawyers.
Legal clerkship
He initially completed his legal traineeship in the colonial administration of German East Africa. It was here that he met Edmund Friedemann Dräcker , who would later become Legation Councilor and former Vice Consul , who had come to Mahiwa from Bombay (now Mumbai ) via Tsingtau in 1914 . The time and place of his first meeting with the psychologist Ernst August Dölle, the fighter against optocentrism in perceptual psychology , is still unclear.
After various administrative and court positions, he passed the assessor examination at the Prussian Judicial Examination Office in 1921 with the grade: "very good". From that year until 1928 he worked in the Prussian forest administration.
He wrote his dissertation on the subject of “ius cogens” with Adalbert von Rüppurr at ME Chandon in Königsberg. In 1925, his doctorate was awarded the grade “elegantissime”. A study visit to Bonn is assumed for the same year , as can be seen from a plaque on a house in Kessenicher Strasse where he is said to have lived since 1924.
Working life
He also continued his work on the six-volume introductory work Die Preußische Forstverwaltung , Berlin 1930, as a court assessor at the Halle (Saale) district court . He also published numerous articles in Der Forstverwalter .
From 1930 he was seconded to the Reich Foreign Ministry. There he dealt u. a. with comparative legal studies on the Reichserbhofgesetz . The so-called Nagelmann theses on comparative law, which are part of the tenor of some revision courses: "Some things are different, some things the same", became known from this. It is unclear whether the spelling is correct or whether it can be traced back to Nagelmann's East Prussian origin. In an undated autograph by Nagelmann, the spelling “Mannches is different, Mannches exactly” can be found. Another document contains indications that Nagelmann could have named his two Kashubian short- wire hairstyles Mannche and Mannches .
Despite his refusal to join the NSDAP , Delle-Erdmann and Ministerialdirigent Czibultski recommended him to work at the Reich Ministry of Justice. There he was significantly involved in the deposit regulations and the judicial collection regulations. During this time his literary talent also broke through. For example, he wrote the volume of poems Insterburger Sonette (1938) and the autobiographical novel Experiences of a Forstadjunkten (Winsen ad Luhe 1940), which is still impressive today thanks to the profound knowledge and description of being a forestry that he acquired at home, at university and at work.
After the Second World War he was denazified and transferred to the Federal Ministry of Justice. There he participated in the preparatory work for the Federal Constitutional Court Act . From 1952 he was seconded to the Federal Constitutional Court as the first research assistant. Here he was involved in numerous decisions, including a. the exhaustion decision BVerfGE 2, 123 and the joint clause decision BVerfGE 4, 219. From 1956 a research stay at the renowned Princeton Law School in the USA followed . Nevertheless, he continued to work for the public good, in particular as a mentor to the Bundestag member Jakob M. Mierscheid. According to newspaper reports, a street in Baden-Baden was named after Friedrich Gottlob Nagelmann.
In 1989, Nagelmann published on the subject of species protection and state liability - Who pays for stone louse damage? The essay received a lot of attention at the time when stone lice caused massive damage to the building fabric, especially in the area around the Berlin Wall , a state-established stone louse biotope. His discussions on the need to reform civil participation in important projects were also groundbreaking, in which Nagelmann believed he had found an answer to the extensive public protests on the occasion of the closure of the biotope. The work has been considered lost since the collapse of the Cologne City Archives on March 3, 2009 or only individual fragments, so-called Cologne flakes , have been found so far .
In 1992 he applied to the Law Faculty of the University of Potsdam . There he is still listed as a matter officer, especially for mystical matters (including household and finances, religion).
Death and Posthumous Publications
On February 29, 1994, the very old man died in agony when a frog got stuck in his throat. Roman Herzog summed it up in his poignant funeral speech: "Nagelmann, who went before me, was indeed not a frog!"
In 1995, Nagelmann's essay Less Pure Legal Doctrine - More Clean Thinking appeared posthumously . In the same year, a previously unknown publisher in Bielefeld published his opus The Parliamentarian as Troublemaker - for more order in the Bundestag - which was found in the estate . This work, often misunderstood by constitutional law scholars, was created at the suggestion of his long-time correspondence chess partner Jakob M. Mierscheid . The main content is the draft of a "staggered system of sanctions" with regard to turbulent plenary sessions of the German Bundestag . In doing so, Nagelmann processed knowledge of modern adult education , thus once again proving the sustainable interdisciplinary dimension of his research.
In his essay Quality Assurance in Justice , he deals with the personality development and output increase of judges through intensive experiences of nature (Natural Born Judicial Resource Management) . In 2011, Nagelmann's contribution to the celebratory publication " Leadership Instruments " appeared in a supreme federal court without any further information on the origin of the manuscript . The Nagelmann family has not yet confirmed the authenticity of the manuscript. Leading Nagelmann researchers secretly express the assumption that a so-called academic free rider wants to give his theses an inadmissible boost by using the Nagelmann quality seal.
In 2002, Nagelmann was involved as the author of the comments on the abolished Basic Law - Articles 49, 59a, 142, on the now obsolete Article 132 and as co-author of the comment on Article 145 of the Basic Law in the employee commentary on the Basic Law .
literature
- Hella Dubrowsky: Rendezvous of Shadows. Gryphon-Verlag 2004, ISBN 3-935192-83-5 .
- Umbach, DC / Urban, R./Fritz, R./Böttcher, H.-E./v. Bargen, J .: The true constitutional law. Between pleasure and performance. Nomos Verlagsgesellschaft, Baden-Baden 1984, ISBN 3-7890-1064-2 . (With a foreword by Wolfgang Zeidler , an intermediate word by Roman Herzog and an afterword by Ernst Benda .; There is a reprint from 1991.)
- Hendrik Hiwi (Ps.): Corpses in the basement of the Federal Constitutional Court . Nomos-Verlag 1996.
- Konstanze Görres-Ohde, Monika Nöhre , Anne-José Paulsen: The OLG President: Commemorative letter for Henriette Heinbostel . 2nd Edition. Berliner Wissenschaftsverlag, Berlin 2010, ISBN 978-3-8305-1772-6 .
Web links
Individual evidence
- ^ Operations consultant 1995, 2024
- ↑ First cited by Alexander Hartmann: Injury claims in the Internet - Störerhaftung für user-generated content , CH Beck, Munich 2009, p. 194 (fn. 997), ISBN 3-406-59658-4 ( available online at www.stoererhaftung.de ).
- ↑ DStZ 2002, 885
- ^ In: Tax Law in the Rule of Law , Festschrift for Wolfgang Spindler on his 65th birthday, ed. by Rudolf Mellinghoff, Wolfgang Schön and Hermann-Ulrich Viskorf - ISBN 978-3-504-06045-9