Fritz van Calker

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Fritz van Calker (born October 24, 1864 in Wesel (Lower Rhine), † May 15, 1957 in Moosach (Bavaria)) was a German politician and criminal law professor . From 1912 to 1918 he sat for the National Liberal Party (NLP), which was considered an honorary party , for the Reichstag constituency Palatinate (Bavaria) 2 in the German Reichstag . Before 1933, Calker was known to the professional world primarily for his co-editing of the sixteen-volume comparative presentation of German and foreign criminal law .

life and work

Fritz van Calker, the son of the mayor of Wesel Wilhelm Otto van Calker and brother of the constitutional law professor Wilhelm van Calker , studied law at the universities of Freiburg , Berlin and Munich , where he received his doctorate in 1888 . As a student of Franz von Liszt , he completed his habilitation in 1891 at the Martin Luther University in Halle-Wittenberg for the subjects of criminal law, criminal process and military criminal law. During his studies he became a member of the Academic Choral Society in Munich .

1896 Calker was to a professorship at the Wilhelm University Kaiser appointed to Strasbourg, where he held a doctoral supervisor the doctoral theses supervised some of his later became famous graduate students, such as by Carl Schmitt or the neo-Kantian criminal thinker Max Ernst Mayer . In 1919 van Calker was removed from office in Strasbourg and appointed full professor at the Technical University of Munich . At the same time he taught as an honorary professor at the Ludwig Maximilians University. In 1933, a year before his retirement , he was given a full professorship there.

During the time of National Socialism , the criminal lawyer was willing to cooperate with Nazi institutions. As early as September 1933, with the number 44, he was one of the first hundred members of Hans Frank's National Socialist Academy for German Law . In the academy he worked a. a. as chairman of the Committee on Legal Issues of Population Policy, which was founded on July 16, 1934. "In the opening session, which was attended by numerous representatives of the Reich Ministry of Justice and the Reich Ministry of the Interior, the President of the Higher Regional Court, Bertram , Nuremberg, gave a lecture on 'Important provisions of the law to combat venereal diseases'', which gave rise to detailed deliberations." Van Calker was already between 1916 and 1918 as chairman of the Reichstag commission for population policy concerned with a legal fight against venereal diseases. From 1937 at the latest, van Calker was also at meetings of the committee for international law of the Academy for German Law together with Axel von Freytagh-Loringhoven , Werner Weber , Viktor Bruns (founding chairman of the committee for international law), Georg Dahm , Franz Exner , Wenzeslaus von Gleispach , Otto Koellreutter , Eduard Kohlrausch , Edmund Mezger , Johannes Nagler , Friedrich Schaffstein , v. Scheurl-Defersdorf , Carl Schmitt and August Schoetensack present.

In his writings, Calker combined questions of criminal law and general political or political and legal theory, such as the connection between punishment, law and morality. It was this theoretical approach that made Calker interesting for Carl Schmitt and Max Ernst Mayer. Carl Schmitt's work, for example, was Law and Judgment. An investigation into the problem of legal practice and a. with the legal philosophical justification of the judicial decision (which Schmitt saw above all in intersubjectivity). But Calker also wrote some constitutional or political science papers ( Grundzüge des Deutschen Staatsrechts , 1925 or The Problem of Correct Politics , 1926). In his political work, Calker showed himself to be a value-oriented conservative. But he was also an early party sociologist, for example when in 1928 he diagnosed the change in the spectrum of parties from interest to ideology in the nature and meaning of political parties .

A reform-minded criminal lawyer who advocated ethical values ​​in criminal law, Calker also wrote a number of essays and articles on the question of legislative policy.

Works (selection)

  • The right of the military to use arms for administrative purposes (dissertation), 1888
  • The criminal liability for actions committed under orders (Habilitation), 1891
  • Criminal Law and Ethics. 1897
  • Idea of ​​retaliation and purpose in the system of imprisonment. 1898
  • Ethical values ​​in criminal law. 1904
  • High treason, treason and lese majesty. 1906
  • Legislative Policy and Comparative Law. 1909
  • Reform of legislation in criminal law and criminal process. 1910
  • The idea of ​​perfection and the idea of ​​development in criminal law. 1910
  • Criminal Law (Commentary), 1916
  • Law and worldview. 1924
  • Basic features of German constitutional law. 1925
  • Basics of German administrative law. 1925
  • The problem of the right policy. 1926
  • Introduction to Politics. 1927
  • Nature and meaning of the political parties. 1928


Web links

Individual evidence

  1. Imperial Statistical Office (Ed.): The Reichstag elections of 1912 . Issue 2. Berlin: Verlag von Puttkammer & Mühlbrecht, 1913, p. 96 (Statistics of the German Reich, Vol. 250)
  2. ^ Association of Alter SVer (VASV): Address book. Membership directory of all old men. As of October 1, 1937. Hanover 1937, p. 143.
  3. Preußische Justiz magazine , No. 41 of September 28, 1933, p. 479
  4. ^ German justice. Administration of justice and legal policy. Official organ of the Reich Minister of Justice, the Prussian Minister of Justice and the Bavarian Minister of Justice , 96th year, issue 30 of July 27, 1934, p. 977
  5. Werner Schubert (ed.): Academy for German Law. Minutes of the committees; Volume 12: Committee on Legal Issues of Population Policy (1934-1940) ...; Peter Lang: Munich, S. XII
  6. Werner Schubert (ed.): Academy for German Law. Minutes of the committees; Volume 14: Committees for International Law and Nationality Law (1934–1943); Peter Lang: Munich, p. XI f.