Friedrich Stein (legal scholar)

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Friedrich Wilhelm Victor Albert Stein (born January 27, 1859 in Breslau ; † July 12, 1923 in Halle (Saale) ) was a German legal scholar .

Life

Born in Breslau, he attended a grammar school there. He also began studying law there. According to the custom of the time, he changed his place of study several times: from Tübingen he went to Berlin. From there he went to the newly established imperial court city of Leipzig, where he heard Adolf Wach . Alternating between state exams (1881, 1885), military service and doctorate (1882), Stein completed his habilitation in Leipzig in 1887. The work "The document and bill of exchange process" was based on Wach's understanding of the procedural law relationship. The criminal and civil process continued to be his dominant lecture topics. In 1890 Stein became an associate professor. In 1896 he was appointed professor at the University of Halle, where he took over the chair for civil and criminal procedural law. In 1897 he was appointed higher regional court councilor in Naumburg. In 1907 “he had a conflict with the Prussian state. Without a doubt he resigned his professorship and went to Leipzig as a private lecturer with the title of professor, where he stayed until his early death, “ although the University of Frankfurt wanted to appoint him. An inheritance and several illnesses that prevented Stein from lecturing may have contributed to the move to Leipzig. Max Friedlaender describes Stein's appearance at the German Juristentag in Karlsruhe in 1908:

“It was there that I heard for the first time the great proceduralist Friedrich Stein, who spoke about the then acute reform of the code of civil procedure. He had stood in for another speaker who had fallen ill in the last hour, so he spoke completely unprepared. His speech was all the more fascinating: he was a little man, wore an unbelievable light blue skirt and only gradually got going; but then he held on to him and lightning followed the other. When he opposed the reforms that wanted to change everything along the lines of Klein 's reform of the Austrian civil process in Germany, he shouted: "Let's not let the hypnosis of Austriazism numb us !"

Here, Stein criticized the "tight (n) official operation " (core) of the Austrian civil process, which he rejected as a supporter of the liberal procedural law school in the tradition of Adolf Wachs. He was critical of the modern tendencies of the free law school: “To serve the law under the law, as its faithful guardian, - unfree where the law contains certain orders, and where it leaves him lacking, like an intelligent servant of the Dominated interests and ideas of the law. ”In addition to his extensive literary work, Friedrich Stein was co-editor of the“ Leipzig Journal for German Law ”and, from 1920, on commissions for procedural law reform, the proposals of which were largely adopted in the Emminger amendments in 1924. Marked by illness for many years, he died in 1923 at the age of 64. Largely impoverished by war and inflation, his widow had to be financially supported by the Prussian state.

His name is still familiar to lawyers today: he became known for his commentary on the code of civil procedure. This was founded in 1879 by Friedrich Ludwig Gaupp . Stein participated for the first time in 1897 from the 3rd edition. When Gaupp died in 1901, he edited and revised the work completely from the 4th to the 11th edition (1913) and thus established his reputation as one of the most important civil proceduralists of his time alongside Adolf Wach and Leo Rosenberg .

Today h. M. back that the bailiff acts as a state body when he carries out enforcement acts. In 1936 and 1938 the Reichsgericht adopted this opinion. After his death, his student, the then Ministerialrat and later Senate President at the Reichsgericht Martin Jonas, took over the "legacy", which then operated under the name "Stein-Jonas", which is still known today. This designation became problematic in 1933:

»(Friedländer)“ But when a new edition appeared after 1933, the National Socialists considered it impossible for the commentary to continue to be called Stein-Jonas ; for if Jonas was an Aryan, his name was Jewish; and if Stein was a neutral name, Stein was Jewish. So the old Gaupp was brought up again and suddenly called the book: Gaupp-Stein-Jonas. In the following edition, however, Mr. Jonas drew alone and the intellectual property of the large stone was ignored; Although it was "Jewish thought", it seems to have been "Aryanized" through the suppression of its name.

Stein apparently had Jewish ancestors who dropped their family name Goldstein when they were baptized by Protestants.

Works

  • On the teaching of the forum contractus, Diss. Leipzig 1882
  • The document and bill of exchange process, Leipzig 1887
  • The academic jurisdiction in Germany, Leipzig 1891
  • The judge's private knowledge, Leipzig 1893 (reprint 1970, 1987)
  • The Art of Jurisprudence, Frankfurt (Main) 1897 (reprint 1970)
  • On the Conditions of Legal Protection, 1903
  • On judicial reform, 1907
  • Limits and relationships between justice and administration, Tübingen 1912 (reprint 1970)
  • Basic issues of foreclosure, Tübingen 1913 (reprint 1970)
  • Outline of civil procedural law and bankruptcy law. Edited by Josef Juncker and with an obituary by Richard Schmidt , Tübingen 1928 (reprint 1970)

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Web links

Bibliography

  1. ↑ quoted from Max O. Friedländer's manuscript, p. 49 of the online edition
  2. ↑ quoted from Kern, p. 26.
  3. ↑ Stein / Jonas, 14th edition (1928), Volume 1, pp. XXIXf.
  4. ↑ Entry on Friedrich Stein in the Catalogus Professorum Halensis (accessed on August 4, 2010)
  5. ↑ cf. RGZ 156, 395ff. PDF full text
  6. ↑ quoted from Max O. Friedländer's manuscript, p. 49 of the online edition
personal data
SURNAME Stein, Friedrich
ALTERNATIVE NAMES Stein, Friedrich Wilhelm Victor Albert (full name)
BRIEF DESCRIPTION German legal scholar
DATE OF BIRTH January 27, 1859
PLACE OF BIRTH Wroclaw
DATE OF DEATH July 12, 1923
Place of death Halle (Saale)