Fritz Fleiner

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Fritz Fleiner

Fritz Fleiner (born February 24, 1867 in Aarau , † October 26, 1937 in Ascona ) was a Swiss legal scholar . He is considered one of the most important Swiss constitutional lawyers of his time and the "father" of modern administrative law in Switzerland.

life and work

Fritz Fleiner was the son of the businessman Albert Fleiner, Heinrich Zschokke was a great-grandfather on his mother's side. He studied law at the University of Zurich from the summer semester of 1887 . After spending a few semesters at the universities of Leipzig and Berlin , he returned to Zurich, where he passed his final exams in 1890. In the same year he received his doctorate in canon law as a doctor of both rights (Dr. iur. Utr.). After a short time as a lawyer in Aargau, Fleiner completed his habilitation in Zurich with a thesis on the Trident marriage regulations. With this he received the Venia legendi for Protestant and Catholic church law.

After a few semesters as a private lecturer in Zurich, Fleiner was appointed associate professor for French civil law, canon law and “possibly” public law in the winter semester of 1895/96. In this position he gained his first reputation, so that he was appointed to the first independent full chair for public law by the University of Basel in the winter semester 1897/98. In 1901 Fleiner became rector of the University of Basel. In 1906 he moved to the University of Tübingen as the successor to the late Ludwig von Jolly . From 1908 Fleiner held the chair of Gerhard Anschütz , who had migrated to Berlin, at the University of Heidelberg . Fleiner was a full professor in Heidelberg for "German state and legal history, German imperial and state law, including administrative law and church law". Fleiner met the sculptor August Suter in Heidelberg and, together with his wife Fanny Fleiner-Veith (1870–1957), became his patron. Suter created a grave sculpture for Fleiner in 1937.

After Germany declared war on France in August 1914, Fleiner, who was also married to a native of western Switzerland , felt increasingly uncomfortable as a foreigner in the German Reich. As a Swiss citizen, he also viewed the violation of Belgian neutrality under the Schlieffen Plan as a serious breach of international law. To make it easier for both Fleiner and the faculty, he received an offer from the University of Zurich in 1915 , which he accepted in the winter semester of 1915/16. There he taught and researched as a full professor for constitutional, administrative and canon law until his retirement in 1936.

Fleiner exerted a great influence on administrative law in Germany and especially in Switzerland. His first work on administrative law from 1911 continued Otto Mayer's teaching and ensured its dissemination in Switzerland. Fleiner's presentation of Swiss federal law was the first systematic legal presentation of its kind. His works and lectures played an essential role in the development of democracy in the Swiss constitution.

Fonts (selection)

  • The legal position of the Catholic Church on the compulsory civil marriage of the Canton of Aargau. Zurich 1890 (dissertation)
  • Institutions of German administrative law. Mohr, Tübingen 1911 (8th edition, 1923).
  • The Tridentine marriage regulation of public law and canon law. Zurich 1892 (habilitation thesis).
  • Centralism and federalism in Switzerland. Rascher, Zurich 1918.
  • Swiss federal law. Mohr, Tübingen 1923.

literature

Web links

Commons : Fritz Fleiner  - Collection of images, videos and audio files

Individual evidence

  1. ↑ quoted from Schroeder: A university for lawyers and by lawyers. 2010, p. 298.
  2. ↑ August Suter: 1914, bust of Fritz Fleiner. Retrieved August 4, 2019 .
  3. ↑ August Suter: 1914, bust of Fanny Fleiner. Retrieved August 4, 2019 .
  4. ↑ August Suter: 1937, grave sculpture for Fritz Fleiner. Retrieved August 4, 2019 .
  5. ↑ Schroeder: A university for lawyers and by lawyers. 2010, p. 303.
  6. ^ Alfred Kölz: Fritz Fleiner. In: Historical Lexicon of Switzerland .
personal data
SURNAME Fleiner, Fritz
BRIEF DESCRIPTION Swiss legal scholar
DATE OF BIRTH February 24, 1867
PLACE OF BIRTH Aarau
DATE OF DEATH October 26, 1937
Place of death Ascona