Gerhard Dulckeit

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Gerhard Dulckeit (born June 6, 1904 in Riga ; † January 16, 1954 in Kiel ) was a German philosopher and lawyer. He is considered one of the most important innovators of Hegel's legal philosophy and also wrote writings on legal history and legal dogmatics .

Life

Dulckeit began studying philosophy in Riga in 1922, which he had to break off due to military service in the Latvian army. He then studied law and took his master's degree in 1929. He then studied legal philosophy in Göttingen . Dulckeit received his doctorate in 1931 with Julius Binder with the text Natural Law and Positive Law with Kant at the University of Göttingen. In 1932 he studied Roman law for a year at the Ruprecht-Karls-Universität Heidelberg . In 1934 he completed his habilitation in Göttingen with a thesis on Roman inheritance law ( testator's will and willingness to acquire inheritance ) and received the venia legendi for Roman law, private law and legal philosophy. After substituting professorships in Bonn and Kiel , he was given a substitute in Heidelberg in 1937 for the vacant professorship of Max Gutzwiller, who was relieved of his duties for political reasons . In 1938 he was appointed full professor for Roman and German civil law and for international private law at this chair. Drafted into the Wehrmacht in 1940, he followed a call to the Reich University of Strasbourg in 1941 , where Dulckeit was preferred by the NSDAP to his competitor Max Kaser . Dulckeit was not a party member, but in 1936 he spoke out against the separation of public and private law in the sense of Ulpian's formula from the duae positiones in a much-noticed article and thus supported the Nazi ideology by a uniform national legal system. Due to military service, Dulckeit was unable to hold lectures in Strasbourg.

From the winter semester 1945/46 Dulckeit worked on the reconstruction of the law faculty of the University of Kiel and received a chair there in 1947. In addition to Roman and civil law, he mainly taught legal philosophy, primarily campaigning for the revival of Roman law and published a textbook on this in 1952.

Fonts

  • Natural law and positive law in Kant , Scholl, Leipzig 1932.
  • The will of the testator and the will to acquire when the inheritance begins. Contributions to the problem of will in classical Roman inheritance law , Boehlau, Weimar 1934.
  • Legal concept and legal form. Investigations into Hegel's philosophy of law and its significance for the present. Junker u. Dünnhaupt, Berlin 1936.
  • The idea of ​​God in the spirit of Hegel's philosophy , Rinn, Munich 1947.
  • Philosophy of Legal History. The basic forms of the legal term in its historical development. Source u. Meyer, Heidelberg 1950.
  • The reification of mandatory rights , Mohr, Tübingen 1951.
  • Roman legal history. A study book. CH Beck, Munich, Berlin 1952.

literature

  • Kurt Ballerstedt:  Dulckeit, Gerhard. In: New German Biography (NDB). Volume 4, Duncker & Humblot, Berlin 1959, ISBN 3-428-00185-0 , p. 183 f. ( Digitized version ).
  • Wolfgang Kunkel u. a .: Gerhard Dulckeit as a legal historian, legal philosopher and legal dogmatist. Speeches in memory of him , Hirt, Kiel 1955 (publications of the Schleswig-Holstein University Society of Kiel, Volume 11).

Web links

Individual evidence

  1. ↑ Herwig Schäfer: Legal teaching and research at the University of Strasbourg 1941–1944 , Mohr Siebeck, Tübingen 1999, p. 103.
personal data
SURNAME Dulckeit, Gerhard
BRIEF DESCRIPTION German philosopher and lawyer
DATE OF BIRTH June 6, 1904
PLACE OF BIRTH Riga
DATE OF DEATH January 16, 1954
Place of death Kiel