Hans Julius Wolff (administrative scientist)

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Hans Julius Wolff (born October 3, 1898 in Elberfeld , † November 5, 1976 in Münster ) was a German administrative scientist and judge.

Bronze relief by Hans Julius Wolff at the Law Faculty of the University of Münster.
The grave of Hans J. Wolff in the family grave on the Lutheran cemetery Hochstrasse in Wuppertal-Elberfeld.

Live and act

Hans J. Wolff was born the son of a textile manufacturer. He attended the Realgymnasium in Elberfeld, which he graduated in 1917. He was seriously wounded in the war. Wolff then studied law in Göttingen , Bonn , Halle and Munich . He passed the first state examination in 1922, the second after his legal clerkship in 1926. As early as 1925 he received his doctorate in Göttingen under Julius Hatschek with the thesis The basics of the organization of the metropolis . After that, Wolff was employed in the university department of the Prussian Ministry of the Interior and worked in parallel on the extensive investigation of the tax group and legal entity , with the first volume of which he completed his habilitation under Friedrich Giese in Frankfurt in 1929 .

Wolff continued to work in the Prussian Ministry of the Interior. In 1933 he received a call to Frankfurt to succeed Hermann Heller , but was unable to take up the professorship at the instigation of the NSDAP for political reasons. From 1935 to 1940 Wolff taught at the Herder Institute in Riga . In 1941 he turned down a call to Marburg and instead moved to Prague , where he taught until 1945. The National Socialism was Wolff distanced approach, which led to the difficulties in Frankfurt calling. However, he did not enter into opposition to the “ Third Reich ”, but recognized the new constitutional situation, for which his work The new form of government of the German Reich , published in 1933 , is characteristic. Overall, Wolff published little during the Nazi era . About his behavior during this time he said later: "I was not a hero, but at least I did not compromise myself."

After the end of the war, Wolff and his family fled from Prague to Upper Bavaria. While on the run, his wife Lieselotte died giving birth to their fourth child. Wolff married again and settled with his second wife Marta and their four children in Munster, where he had been teaching at the university as a substitute since 1946. In 1948 he was appointed full professor for public law and legal philosophy at the Westphalian Wilhelms University and director of the Institute for Local Science at the University of Münster. Wolff fulfilled both tasks until his retirement in 1967. Since he was politically unaffected, Wolff was appointed to the Advisory Committee on Administrative and Public Law of the British Zone of Occupation in 1947 . In this role he was involved in drafting Military Government Ordinance No. 165 on Administrative Jurisdiction. From 1952 to 1954 Wolff was first chairman of the Association of German Constitutional Law Teachers , and from 1957 he headed the Westphalian section of the International Association for Legal and Social Philosophy, which he co-founded . 1958/59 Wolff was dean of the law and political science faculty of his university. He was also a judge at the Münster Higher Administrative Court

From a lecture manuscript on general administrative law published in 1948, Wolff's magnum opus , the textbook administrative law , was developed in the mid-1950s and was published in three volumes by CH Beck in 1956, 1962 and 1966 . Methodically, the work can be attributed to legal positivism . Wolff was concerned with a clear systematics, detailed structure and dogmatic classification of the applicable administrative law, with comprehensive evidence of case law and literature. Wolff's administrative law developed into a standard work, which after his death is continued initially by Otto Bachof and today by Rolf Stober and Winfried Kluth .

Wolff was one of the formative administrative lawyers of the early Federal Republic. As an academic teacher, he was highly educational. The habilitation theses he supervises or co-supervises include those of Georg-Christoph von Unruh , Christian-Friedrich Menger , Helmut Ridder , Erich Küchenhoff , Werner Hoppe , Ernst-Wolfgang Böckenförde , Martin Kriele , Ralf Dreier and Heinhard Steiger . Menger followed Wolff to the chair in Münster and as director at the Institute for Local Science.

Publications

  • The basics of the organization of the metropolis. Development and explanation of a new legal term. Göttingen 1924 (Göttingen, Univ., Diss., 1924).
  • Tax group and legal person. Studies on legal theory and public law. 2 volumes. Heymanns, Berlin 1933-1934;
    • Vol. 1: Legal person and state person (criticism, theory and construction). 1933.
    • Vol. 2: Theory of Representation. (Representation, unity and representation as social and legal forms of representation). 1934.
  • Administrative law. A study book. 3 volumes. CH Beck, Munich et al. 1956-1966;
    • Vol. 1, 1956.
    • Vol. 2: Organization and service law. 1962.
    • Vol. 3: Regulatory and performance law, procedural and procedural law. 1966.

literature

  • Christian-Friedrich Menger (ed.): Advances in administrative law. Festschrift for Hans J. Wolff on his 75th birthday. Beck, Munich 1973, ISBN 3-406-04811-0 .
  • Norbert Achterberg : Hans J. Wolff. In: Archives of Public Law 102 (1977), pp. 118–121.
  • Martin Kriele : Hans J. Wolff. In: Neue Juristische Wochenschrift 30 (1977), p. 28 f.
  • Otto Bachof : Hans J. Wolff. In: Juristenteitung 32 (1977), p. 69.
  • Martin Kriele: Hans J. Wolff. In: A portrait of lawyers. Publisher and authors in 4 decades. Festschrift for the 225th anniversary of the CH Beck publishing house. CH Beck, Munich 1988, ISBN 3-406-33196-3 , pp. 694-700.
  • Ulrich Battis : A German constitutional law teacher during the Nazi era. In: Neue Juristische Wochenschrift 42 (1989), p. 884 f.
  • Sebastian Felz: In the spirit of truth? Between science and politics: The Münster jurists from the Weimar Republic to the early Federal Republic. In: Hans-Ulrich Thamer , Daniel Droste, Sabine Happ (eds.): The University of Münster in National Socialism. Continuities and breaks between 1920 and 1960 (= publications of the Münster University Archives. Volume 5). Aschendorff, Münster 2012, Vol. 1, pp. 347-412.
  • Andreas Funke: Pedantry or Perspective - The "Administrative Law" of Hans J. Wolff. In: Carsten Cremer (ed.): The science of administrative law in the early Federal Republic (1949–1977). Mohr Siebeck, Tübingen 2017, pp. 49-87, ISBN 978-3-16-155530-5 .
  • Markus Möstl : Hans J. Wolff (1898–1976). In: Peter Häberle , Michael Kilian , Heinrich Wolff : Constitutional law teacher of the 20th century. Germany, Austria, Switzerland . De Gruyter, Berlin / Boston (2nd edition) 2018, pp. 587-596, ISBN 978-3-11-054145-8 .

Web links

Footnotes

  1. ^ Markus Möstl: Hans J. Wolff (1898–1976). In: Peter Häberle, Michael Kilian, Heinrich Wolff (Eds.): Constitutional law teacher of the 20th century. Germany, Austria, Switzerland. Berlin / Boston (2nd edition) 2018, pp. 587–596, here: p. 587 f.
  2. ^ Michael Stolleis: History of Public Law in Germany. Third volume 1914-1945. Munich 1999, p. 266.
  3. Hans J. Wolff: The new form of government of the German Empire. Tübingen 1933.
  4. ^ Markus Möstl: Hans J. Wolff (1898–1976). In: Peter Häberle, Michael Kilian, Heinrich Wolff (Eds.): Constitutional law teacher of the 20th century. Germany, Austria, Switzerland. Berlin / Boston (2nd edition) 2018, pp. 587-596, here: pp. 591 f.
  5. ^ Martin Kriele: Hans J. Wolff. In: A portrait of lawyers. Publisher and authors in 4 decades. Festschrift for the 225th anniversary of the CH Beck publishing house. Munich 1988, pp. 694-700, citation p. 694 f.
  6. ^ Markus Möstl: Hans J. Wolff (1898–1976). In: Peter Häberle, Michael Kilian, Heinrich Wolff (Eds.): Constitutional law teacher of the 20th century. Germany, Austria, Switzerland. Berlin / Boston (2nd edition) 2018, pp. 587–596, here: pp. 588 f.
  7. ^ Michael Stolleis: History of public law in Germany. Fourth volume 1945–1990. Munich 2012, p. 184.
  8. ^ Markus Möstl: Hans J. Wolff (1898–1976). In: Peter Häberle, Michael Kilian, Heinrich Wolff: Constitutional law teacher of the 20th century. Germany, Austria, Switzerland . Berlin / Boston (2nd edition) 2018, pp. 587–596, here: p. 595.