Gerhart Husserl

Gerhart Adolf Husserl (born December 22, 1893 in Halle (Saale) ; died September 8, 1973 in Freiburg im Breisgau ) was a German - American lawyer and legal philosopher . He was the son of the philosopher Edmund Husserl , the founder of phenomenology , which influenced him deeply.

Life

Gerhart Husserl was the oldest son of Edmund and Malvine Husserl and spent his childhood in Halle. He was raised Protestant and both parents had converted to Protestantism before they married. As a result of his father's call to the Georg August University , the family moved to Göttingen in September 1901, where Husserl attended grammar school and graduated from high school.

Husserl began his legal studies at the University of Göttingen in 1912 and moved to the University of Leipzig in 1913 .

Together with his two years younger brother Wolfgang, Gerhart Hussel volunteered for the Göttingen infantry regiment on August 2, 1914. He and his brother were assigned to the 3rd Company of Reserve Infantry Regiment 234, which fought off Ypres in October 1914 . His brother fell off Verdun on March 8, 1916. In the spring of 1917, Husserl was so badly wounded in the head that a trepanation of the skull was necessary to remove the shrapnel. After many months of treatment in the hospital, he was classified as only fit for garrison service and assigned to the Kassel replacement battalion as a court officer.

In the spring of 1918 “Gerhart Husserl went back into the field voluntarily”. On September 30, 1918, he was wounded a second time by a shot in the head and lost vision in his left eye. Despite "repeatedly delayed convalescence", he managed to complete his legal training. He passed the first state law examination in 1918. In the spring of 1921 he received his doctorate at the Albert Ludwig University of Freiburg with his unpublished work “The concept of the assertion of claims and §§ 1000-1003 BGB”.

Husserl completed his habilitation on July 22, 1924 with his thesis “Legal force and legal validity. A legal dogmatic investigation ”in Bonn and was appointed professor for Roman and civil law and civil litigation in Kiel on November 18, 1926 . In the decade after his habilitation, he mainly dealt with legal phenomenological work.

On April 25, 1933, Gerhart Husserl was given leave of absence due to his Jewish descent in accordance with the National Socialist Professional Civil Service Act and was transferred to Göttingen on October 29, with the leave of absence lifted. The majority of colleagues there rejected Husserl and wrote a paper of the rejection, where they branded him as a "pure phenomenologist" and "non-Aryan", so that the minister sent him to the University of Frankfurt am Main on May 1, 1934 , which was then called " Collecting basin for non-Aryan professors ”was moved again. Since he was unable to begin teaching at either university, he was "voluntarily" retired on April 1, 1935. He was retired on December 31, 1935 on the basis of the Nuremberg Laws , and his teaching license was revoked in February 1936. In October, Husserl emigrated to the United States, where he took American citizenship in 1941.

From 1938 to 1940 Gerhart Husserl was visiting professor at the University of Virginia and from 1940 to 1948 full professor at the "National University Law School" in Washington, DC , where he taught American law. From 1946 to 1947 he worked in the legal department of the military government in Berlin under General Clay , and from 1948 to 1952 in the American foreign service in Berlin and Frankfurt under John Jay McCloy . From 1952 to 1953 he was visiting professor in Cologne . In 1954 he was appointed honorary professor for comparative law and Anglo-American law by the Freiburg Law Faculty. The founding of the “Working Group for Issues in Legal Training eV”, whose workplace in Freiburg he then headed, went back to his initiative.

Fonts

• Legal force and validity: a legal dogmatic investigation (Berlin 1925)
• “Law and World” in: Festschrift for Edmund Husserl , Halle: Max Niemeyer, 1929. Legal philosophical treatises, Frankfurt a. M. 1964.
• The subject of law, legal studies on a theory of property (Berlin 1933)
• “Justice” in: International Journal of Ethics, vol. 47, 1937.
• "Reform of the German legal studies" ( JuristenZeitung Issue 14/15, 1953, pp 453-456 and 1956, pp 634-637)
• Law and Time: Five legal philosophical essays. (Frankfurt 1955) Contains: "Law and Time", "Experience of Law", "Objectivity in Law", "Law and Trial", "Sacrifice, Injustice and Punishment"
• The training of German lawyers. Representation, criticism and reform (Tübingen 1960)
• Person, thing, behavior - two phenomenological studies (Frankfurt a. M. 1969)

Web links

• Gerhart Husserl in the Kiel list of scholars

Individual evidence

1. ↑ Alexander Hollerbach: Jurisprudence in Freiburg: Contributions to the history of the law faculty of the Albert Ludwig University , 2007, p. 399
2. ^ Sophie Loidolt: Introduction to Legal Phenomenology, Mohr Siebeck, 2010, p. 183
3. ↑ Elisabeth Husserl quoted from https://sdvigpress.hypotheses.org/232
4. ^ In: The German University Newspaper United with University Service, 1969
5. ↑ Frank Halfmann: “A 'planting place for the best National Socialist legal scholars': The legal department of the Faculty of Law and Political Science,” in: Heinrich Becker, Hans-Joachim Dahms, Cornelia Wegeler (ed.): The University of Göttingen under National Socialism, 2. exp. Edition Sauer, Munich 1998, p. 109f
6. ↑ Erich Hofmann, History of the Christian-Albrechts-Universität Kiel: 1665-1965 , K. Wachholtz 1965, p. 96
7. ↑ Professor Dr. Gerhart Husserl. University of Kiel, accessed on August 19, 2017 . 
8. ↑ Göppinger, Horst: The persecution of jurists of Jewish descent by National Socialism, 1st edition Villingen 1963, p. 105.
9. ^ Alexander Hollerbach: Jurisprudence in Freiburg: Contributions to the history of the law faculty of the Albert-Ludwigs-University , 2007, p. 400