Gustav from Hugo

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Gustav from Hugo

Gustav von Hugo (born November 23, 1764 in Lörrach ; † September 15, 1844 in Göttingen ) was a German lawyer . Hugo is widely regarded as a pioneer and co-founder of the historical school of law of the 19th century.

Life

Gustav Conrad Hugo was the son of the Baden land clerk, originally a councilor at the margravial Baden court in Karlsruhe, Johann Michael Hugo (1718–1799) and Sophia Elisabeth H., nee. Morstadt (1725–1784). At the age of 14 he went to the Mömpelgard high school (now Montbéliard ) for two years , which at the time was still under Württemberg rule. Since he was at a French school, he came into contact with Voltaire's literature at an early age , which he himself described as one of the "most decisive points" of his life. From 1779 until 1782 he switched to the high school in Karlsruhe . In 1782 he went from high school in Karlsruhe to Göttingen University , where he studied law for three years . After he was appointed teacher of Leopold von Anhalt-Dessau , he received his doctorate in 1788 at the University of Halle . In the same year he was called back to Göttingen as an associate professor, where he became a full professor in 1792. He declined calls to Heidelberg and Halle. 1802 appointment to the court councilor. Gustav Hugo was married to Julie H., born in 1797. Mylius (1774-1821). Their daughter Pauline Hugo was married to Karl Otfried Müller .

In the foreword to his contributions to the civilistic knowledge of books of the last forty years (1828–1829) he outlines the conditions under which civil law could be taught in Göttingen at the time . Gustav Hugo maintained a very personal and trusting correspondence as well as a friendly relationship with the Brothers Grimm .

Since in the existing laws Roman law and Germanic elements were interwoven without criticism or distinction, supposedly welded into a whole for practical use, one could no longer say whether historical truth or practical motives were more strongly prejudiced. Also, as this was passed on from person to person, new mistakes crept in and even the best teachers could no longer escape the wrong practices that had become tradition. Gustav von Hugo had to struggle with this evil when he became the founder of the historical school of jurisprudence, which was then continued and expanded by Friedrich Carl von Savigny . He followed the institutional system , which goes back to the high-class Gaius , and analyzed the Code of Obligations with particular criticism (the forerunner to “all civil law”).

His main work is the textbook of a civilist course (1792-1821), which appeared in seven volumes , and the six volumes of the Zivilistische Magazin (1790–1837) are also important. In the second volume of the "civilistic course" Hugo deals with natural law under the title natural law as a philosophy of positive law, especially private law . Up to the present day the work is interpreted in the light of a continuation of the Kantian legal theory.

Fonts

  • Institution of today's Roman law, August Mylius, Berlin, 1792.
  • Textbook of a civilist course
    • Volume I: Textbook of the Legal Encyclopedia. 1st edition , August Mylius, Berlin, 1792. 7th edition , August Mylius, Berlin, 1823.
    • Volume II: Textbook of Natural Law. 1st edition, August Mylius, 1798. 4th edition , August Mylius, Berlin, 1819.
    • Volume III: Textbook of Legal History. 1st edition , August Mylius, Berlin, 1790. 11th edition, first division , August Mylius, Berlin, 1832. 11th edition, second division , August Mylius, Berlin, 1832.
    • Volume IV: Textbook of Modern Roman Law. 1st edition, August Mylius, Berlin, 1790. 7th edition , August Mylius, Berlin, 1826.
    • Volume V: Philosophical Encyclopedia, August Mylius, Berlin, 1802.
    • Volume VI: Civilist literary history, 1st edition, August Mylius, Berlin, 1812. 3rd edition, August Mylius, Berlin, 1830.
    • Volume VII: Chrestomathy of Evidence for Contemporary Roman Law. 1st edition, August Mylius, Berlin, 1802. 3rd edition , August Mylius, Berlin, 1820.
  • Contributions to the civilist knowledge of books

literature

Web links

Commons : Gustav Hugo  - collection of pictures, videos and audio files

Individual evidence

  1. ↑ a b c Arno Buschmann: Natural law and historical law. Gustav Hugo's legal philosophy and the beginnings of historical jurisprudence , in: Okko Behrends , Dietmar von der Pfordten , Eva Schumann , Christiane Wendehorst (eds.), Elementa iuris , series of publications by the Institute for Legal History, Legal Philosophy and Comparative Law, Nomos, Volume 1, 2009, ISBN 978-3-8329-4473-5 , pp. 17-40.
  2. ↑ On the change of term, see Hans Hermann Seiler : History and the present in civil law, Heymanns, Cologne 2005, ISBN = 978-3-452-25387-3, pp. 315–328 (316 f.).
personal data
SURNAME Hugo, Gustav von
BRIEF DESCRIPTION German lawyer
DATE OF BIRTH November 23, 1764
PLACE OF BIRTH Loerrach
DATE OF DEATH September 15, 1844
Place of death Goettingen