Heinrich Kipp

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Heinrich Georg Kipp (born May 22, 1910 in Uerdingen near Krefeld , † September 7, 1993 in Innsbruck ) was a German judge , legal scholar and ministerial official . He was a professor for international law and legal philosophy at the University of Innsbruck .

Life

Origin and studies

Kipp comes from petty-bourgeois - Catholic circumstances. He was born in 1910, the second of three children and the only son of a clerk who died relatively early, and his wife in Uerdingen in the Lower Rhine region. His father served in World War I and most recently worked as the head of the payroll office in a sugar refinery . Kipp joined the Catholic Union of New Germany in his youth . In 1929 he passed the Abitur at a Reform Realgymnasium in Krefeld .

Following the advice of the student advisory service, he studied law at the University of Cologne . He financed his studies as a student trainee in industry and with the help of the Catholic Albertus Magnus Association , which granted interest-free loans to talented students. He attended legal lectures with u. a. Godehard Josef Ebers , Hans Kelsen , Heinrich Lehmann , Hans Carl Nipperdey and Carl Schmitt . During his studies he joined the Neudeutschen Hochschulring (ND), which was linked to the Catholic Youth Association, and the " Görres -Ring" co-founded by Ebers . In 1932 he passed the legal clerkship exam (among others with Hans Dölle and Ebers) and then completed the legal clerkship with stations at the district court of Uerdingen and the district court of Krefeld . During this time he was a participant in the mandatory, predominantly pre-military trainee camp in Jüterbog .

In 1934 he was with canon lawyer Ebers with the dissertation Modern Problems of Martial Law in Late Scholasticism . A legal philosophical study on the requirements of the right to war with Vittoria and Suarez for Dr. jur. ( magna cum laude ) doctorate . In 1936 the assessor examination followed at the examination office of the Reich Justice Examination Office at the Düsseldorf Higher Regional Court .

Magistrate

From 1937 he worked in the Düsseldorf branch of the German mineral oil company Rhenania-Ossag , a subsidiary of Shell . In the same year he received an offer to do his habilitation with Ebers, who, however, was relieved of duties by the National Socialists first as rector, then as professor and finally ended up in Gestapo custody. An envisaged move by Kipp to the Catholic University of the Sacred Heart in Milan, Italy, did not materialize.

In 1938 he joined the Bavarian judicial service, so he initially worked for a few months at the Public Prosecutor's Office in Memmingen in Swabia . He then became a probationary judge at the Memmingen District Court , he was mainly a " guardianship judge", but also acted as a criminal judge. In 1939 he received previously as " suitable patterned," a call-up as a radio operator for the Air Force of the Armed Forces of Neu-Ulm . Relocations to Augsburg and Gelnhausen followed . In June 1940 he was released at the request of the justice administration in Neubiberg . So far only a member of the NS-Volkswohlfahrt , he submitted an application for admission to the NSDAP in spring 1941 - according to his own statements because of his professional advancement - which was complied with. He eventually became a district court advisor and filled a post at the district court of Saarlautern (now Saarlouis). The Allied bombing raids on Kipp’s residence, Memmingen, also damaged his family’s house in April 1945.

After the American invasion, he was interned for seven months in the Moosburg camp near Munich and subsequently interrogated, like other inmates, by the Army Intelligence Corps (CIC). In March 1946 he was released; After being classified as a “ fellow traveler ” by the Memmingen Chamber of Justice in the context of the denazification proceedings , he was again active as a judge, in addition to his work in Memmingen also at the Illertissen district court . In Cologne, he was considered a "Relieved", so that it in 1949 as a senior civil servant in the by Adolf Süsterhenn run (CDU) Ministry of Justice of Rhineland-Palatinate to Koblenz was appointed.

Ministerial official

In March 1950, the ministerial director in the Federal Chancellery, Hans Globke , approached Kipp as to whether he would not want to become a consultant (A II) in the constitutional department in the Federal Ministry of the Interior in Bonn, headed by Robert Lehr (CDU) . Kipp, who became a ministerial advisor in 1952 , accepted and was from then on ostensibly responsible for the relationship between the federal government and the federal states, the restructuring of the federal territory , the minister's cabinet department, the processing of constitutional complaints before the Federal Constitutional Court and the conscientious objection agenda . He then took over as the successor to Theodor Ritterspach in the department of promoting scientific research in the cultural department (headed by State Secretary Erich Wende ) of the ministry, which was now headed by Gerhard Schröder (CDU). He was co-opted into the Board of Trustees and the Main Committee of the German Research Foundation (DFG); as a representative of the federal government, he was also represented on the Board of Trustees of the German Library (1952–1955). In 1954 he took part in a State Department's cultural exchange program , the International Visitor Program (IVP), to the USA.

Full professor

Through the contact Süsterhenn he got to know the Würzburg law professor Friedrich August Freiherr von der Heydte , with whom he shared fundamental thoughts on natural law. 1956 habilitation he did at the Law Faculty of the University of Würzburg for international law , constitutional law , political science and political science with the work Unesco - right moral foundation, task . He then worked from 1956 to 1959 in Würzburg as a private lecturer .

After 1958 a reputation in the ordinary professorship of International Law and Legal Philosophy at the University of Innsbruck had received, he was there in 1959 successor to Eduard Reut-Nicolussi . He was dean of the law faculty and a member of the Senate . In 1985 he handed over the Institute for International Law and Legal Philosophy, which he led, to his successor. His academic students included a. Helmut Heinrichs and Bruno Simma (professor for international law at the University of Munich).

In 1959 he was appointed a full member of the Austrian UNESCO Commission in Vienna. He was also a member of the scientific advisory board of the Diplomatic Academy Vienna . In 1969 he organized the annual meeting of the German Society for International Law in Vienna. In London he took part in a Wilton Park Conference .

Kipp was considered a representative of a Catholic approach to natural law .

family

He, a Roman Catholic, was married from 1939 to the daughter of a Krefeld judge and the father of four children.

Awards

Fonts (selection)

  • Modern Problems of Martial Law in Late Scholasticism. A legal philosophical study on the requirements of the right to war in Vittoria and Suarez (= Görres Society for the Care of Science in Catholic Germany . H. 68). Schöningh, Paderborn 1935.
  • State theory. Human, law and state . Pick, Cologne 1947, DNB 452412943 (2nd edition 1949)
  • General legal theory . Schlösser, Braunschweig 1950, DNB 452412986 (4th edition 1957)
  • Natural law and the modern state . Glock & Lutz, Nuremberg 1950, DNB 452412951
  • International order and international law in the Middle Ages . Verlag Deutsche Glocke, Cologne 1950, DNB 452413028 (original habilitation topic )
  • with Hermann Conrad (ed.): Present problems of the law. Contributions to constitutional, international and church law, as well as to the philosophy of law . 2 volumes, Schöningh, Paderborn 1950.
  • UNESCO. Right, moral basis, duty . Isar-Verlag, Munich 1957, DNB 452413001
  • with Franz Mayer , Armin A. Steinkamm (eds.): To right and freedom. Festschrift for Friedrich August von der Heydte on the completion of the 70th year of life presented by friends, students and colleagues . 2 volumes. Duncker & Humblot, Berlin 1977, ISBN 3-428-03862-2 .
  • Retrospectives. Lawyer in the revolutionary century (= Edition Gutenberg ). Brendow, Moers 1992, ISBN 3-87067-472-5 . (Autobiography)

literature

  • Christopher Benkert: The Law Faculty of the University of Würzburg 1914 to 1960. Education and science under the sign of the two world wars (= Würzburg jurisprudential writings . Vol. 62). Ergon Verlag, Würzburg 2005, ISBN 3-89913-481-8 , p. 251.
  • Markus Kremer: Taking responsibility for peace. Political ethics in Francisco Suárez (1548–1617) (= Theology and Peace . Vol. 35). Kohlhammer, Stuttgart 2008, ISBN 978-3-17-020165-1 , p. 56 f.

Web links

Individual evidence

  1. ↑ Gerhard Köbler : Heinrich Kipp at Who Was Who in German Law, accessed on September 10, 2015.
  2. ↑ a b Peter Goller : Natural law, legal philosophy or legal theory ?. On the history of legal philosophy at Austrian universities (1848–1945) (= legal and social science series . Vol. 18). Lang, Frankfurt am Main a. a. 1997, ISBN 3-631-32271-2 , p. 368.
personal data
SURNAME Kipp, Heinrich
ALTERNATIVE NAMES Kipp, Heinrich Georg (full name); Kipp, Heinz
BRIEF DESCRIPTION German legal scholar
DATE OF BIRTH May 22, 1910
PLACE OF BIRTH Uerdingen near Krefeld
DATE OF DEATH 7th September 1993
Place of death innsbruck