Heinrich Henkel (legal scholar)

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Heinrich Henkel (born September 12, 1903 in Braunfels an der Lahn; † February 28, 1981 in Stockdorf ) was a German legal scholar and the last rector of the Silesian Friedrich Wilhelms University in Breslau, which was closed in 1945 .

Life

After graduating from high school , Henkel studied German and law from 1922 to 1925 and received his doctorate in Frankfurt am Main in 1927. In 1930 he completed his habilitation in Frankfurt am Main, where he was appointed judge in 1931. In 1933, Henkel joined the NSDAP and was appointed full professor at the University of Frankfurt. In 1934 he received a full professorship for criminal law and criminal procedure law at the Philipps University of Marburg .

In 1935 he moved to the Silesian Friedrich Wilhelms University in Breslau as a professor of criminal law. In October 1942, at the request of the Gauleiter and the party chancellery of the NSDAP, Henkel was appointed rector of the University of Breslau. From April 1944 Henkel was in the Wehrmacht, in the summer of 1944 he was taken prisoner of war.

Views in the time of National Socialism

In his book Criminal Judges and Laws in the New State , published in 1934 , he called for the "free surrender of the judiciary to the goals of state leadership". In his book The Independence of the Judge in its new meaning , also published in 1934, he said “the judicial independence remains as an institution, but as such it merely forms the vessel for a new content, namely the National Socialist legal and state conception” and further explained : "The independence of the judge in the National Socialist state is not floating freely in space, but independence in connection with the guiding principles of the völkisch leader state".

After the Second World War

After the Second World War , Henkel initially worked as a lawyer in Frankfurt am Main. In 1951 he accepted a professorship for criminal law, criminal procedural law and legal philosophy at the University of Hamburg .

As such, in 1956 he criticized the opening decision in the so-called “Zahnarzt-Müller-Trial”, in which the dentist Dr. Richard Müller from Otterberg was charged with murdering his wife by burning her in his car. Furthermore, he also gave lectures such as in 1959 before the Legal Society in Berlin on the subject of criminal protection of private life against indiscretion.

On the occasion of his seventieth birthday in 1974, the Festschrift, published by his former assistant Claus Roxin, was published : Fundamental Issues in Criminal Law: Festschrift f. Heinrich Henkel z. 70th birthday on September 12, 1973 , which included contributions by Hans-Jürgen Bruns , Karl Engisch and Wolfgang Frisch . On May 30, 1978 he was awarded an honorary doctorate from the University of Salzburg .

Publications

  • The state of emergency under current and future law. Munich 1932.
  • The independence of the judge in its new meaning. Hamburg 1934.
  • The German criminal proceedings. Hamburg 1943.
  • Criminal code. Text edition with the 21 most important criminal ancillary laws and laws of the Control Council and the military government. Co-editor Lothar Dombrowski, 2nd edition. Stuttgart 1950.
  • Criminal Procedure Law. A floor plan. Salzgitter 1950.
  • Instructions for handling criminal cases. Salzgitter 1950.
  • Criminal Procedure Law. A textbook. Stuttgart 1953.
  • Law and individuality. Extended and annotated version of a lecture . Berlin 1958.
  • Introduction to the philosophy of law. Basics of law. Munich 1964.
  • The right punishment. Thoughts on judicial sentencing. Tubingen 1969.
  • Ideology and law. Tübingen 1973, ISBN 3-16-635041-1
  • Introduction to the philosophy of law. Basics of law. 2nd Edition. Munich 1977, ISBN 3-406-06558-9 .

literature

  • Michael Grüttner : Biographical lexicon on National Socialist science policy . (Studies on the history of science and universities. Volume 6). 2004, ISBN 3-935025-68-8 , p. 74.

Web links

Individual evidence

  1. ↑ Thomas Ditt: "Shock Troop Faculty Breslau": Law in the "Grenzland Schlesien" 1933-1945. Tübingen 2011, ISBN 978-3-16-150374-0 . (Book review by Sebastian Felz)
  2. ↑ Helmut Heiber : University under the swastika. Part II, Vol. 2, Munich 1994, p. 357 ff.
  3. ^ Gerhard Wolf: Liberation of criminal law from National Socialist thinking? In: HFR. 1996, p. 1.
  4. ↑ Giorgio Decker: The model of the judge in National Socialism. ( Memento from August 23, 2011 in the Internet Archive )
  5. ^ Monika Frommel : The National Socialist seizure of power in the mirror of German legal and social philosophy. ( Memento from June 11, 2007 in the Internet Archive ) p. 213. (PDF; 605 kB)
  6. ^ Justice / Zahnarzt-Müller trial. Is twice two four? Cover story In: Der Spiegel. No. 30/1956.
  7. ^ Legal Society (lectures 1959 to 2008) ( Memento from May 24, 2012 in the Internet Archive )
  8. ↑ List of publications by Wolfgang Frisch (Institute for Criminal Law and Criminal Procedure Law of the University of Freiburg) ( Memento from October 12, 2011 in the Internet Archive )
  9. ↑ Ideology and Law. (Google Books)
personal data
SURNAME Henkel, Heinrich
BRIEF DESCRIPTION German legal scholar
DATE OF BIRTH September 12, 1903
PLACE OF BIRTH Braunfels on the Lahn
DATE OF DEATH February 28, 1981
Place of death Stockdorf