Heinrich von Minnigerode

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Heinrich von Minnigerode, 1928

Baron Heinrich von Minnigerode (born March 25, 1885 in Braunschweig , † May 2, 1950 in Bad Wildungen ) was a German lawyer, legal historian and university professor. His research area was primarily the constitutional and class law of the Middle Ages.

family

Heinrich von Minnigerode, who came from the Lower Saxon nobility family Minnigerode , was the son of Major a. D. August Freiherr von Minnigerode (born October 19, 1844) in Braunschweig. His mother was Sibylle von der Marwitz (born March 7, 1849), a daughter of the district administrator Bernhard von der Marwitz . His father's mother was Juliane (Jenny) von der Betten from Salzgitter - Ringelheim .

Life

Early years and academic career

His childhood was spent by v. Minnigerode on the family estate in Silkerode in Eichsfeld .

After studying law at the Universities of Lausanne , Erlangen , Freiburg , Berlin and Göttingen , he passed the first state examination in law and then went on to do his legal clerkship in 1909. During his studies in Lausanne he became a member of the Société d'Étudiants Germania Lausanne . He then took part in the legal history seminar with Konrad Beyerle in Göttingen and was awarded a Dr. jur. PhD.

In 1912 he published his first book entitled "Ebenburt und Echtheit" . In it he dealt with the history of the high nobility and took a position against the prevailing doctrine that the barrier between the noble and the common domain only became apparent in the 13th century. Similar to Aloys Schulte , he assumed that the noble Ebenburtsschranke against the public free can be proven up to the 8th or 9th century. With the connection of a noble free with a public free, this barrier could only be surmounted by entering the wife. The agnate consensus , as it occurred, for example, with Hartmann von Aue , can be explained as a dip.

1913 closed v. Minnigerode in Munich his first marriage to Freya Zumpe. In 1916 he intervened polemically in the scientific debate between Konrad Beyerle and Luise von Winterfeld with his contribution "Comments on the Cologne burgrave forgeries" and wrote an anti-criticism of Luise von Winterfeld. Minnigerode himself contributed the appendix of the Cologne judges' lists to Konrad Beyerle's book and otherwise participated in this work himself. Between 1916 and 1918 he worked as a military officer. For his services he received the Prussian Cross of Merit for War Aid . After the end of the war he moved to the estate of a relative in Bad Sooden-Allendorf , where he spent several years. It was not until 1927 that he returned to university life.

Professorship in Marburg and Göttingen

He wrote his second book at the University of Marburg and, after completing his habilitation with Walther Merk in 1928, initially worked as a private lecturer in German legal history and German private law at the Philipps University of Marburg .

With his legal history habilitation thesis from 1928 "Königszins, Königsgericht, Königsgastung in the old Saxon Freidingrechte" opened v. Minnigerode important new territory in this area of ​​legal history. The book was considered a pioneer for further research. In it he saw the coexistence of court and downward taxes, as well as of free people cheering for things and military service. In addition, in his opinion , the royal guest was explained by the hostel burden on the occasion of the royal administration of justice, which would have taken place periodically between three and seven years at the Saxon Freidingen. However, this view is controversial in historical studies.

From the winter semester 1932/33 he expanded his teaching activities to include civil and commercial law and in 1933 published the jurisprudential treatise "The legal essence of granting dividends." In November 1933 he signed the German professors' commitment to Adolf Hitler . 1935 closed v. Minnigerode in Göttingen his second marriage to Emmeline Schaper and in 1936 was appointed associate professor at the University of Marburg. In his contribution to the “Marburger Festgabe für Erich Jung” on the legal nature of loyalty in the oldest German law, he put forward the thesis that loyalty as a legal bond is at home in the adoption of sons and ancestral cult . In the Miszelle published in 1938 on "unwedersatt und widrisittolo" he created a bridge between the feudal concept of insubordination and the same designation of disobedience according to L. Sal. 45, 2.

From the summer term of 1940 he was also entrusted with the representation of German legal history and German private law at the Georg-August University in Göttingen . In 1941 he published his last work "Ludwig von der Marwitz and the essential unity of politics and war."

Late years

Heinrich v. Minnigerode lived in seclusion with his family and science. The lawyer and legal philosopher Fritz von Hippel described him as “elegant, modest, lovable, distinguished by character and humanity.” The lawyer and legal historian Franz Beyerle wrote in his obituary for Heinrich v. Minnigerode that he would like to mention the "romance that came from his heart, which had nothing in common with the later abuse of historical awareness".

Minnigerode died in Bad Wildungen in 1950 at the age of 65.

Individual evidence

  1. ^ A b Franz Beyerle: Obituary for Heinrich von Minnigerode. In: ZRG 72 (1955), p. 462.

Publications

  • Ebbirth and authenticity, investigations into the doctrine of the noble marriage siblings before the 13th century. Heidelberg, winter, 1912
  • Comments on the Cologne burgrave forgeries. in: Vierteljahrschrift für Sozial- und Wirtschaftsgeschichte (VSWG) 13, 1916, p. 108 ff.
  • Royal interest, royal court, royal gazing in the old Saxon Freidingrechte. Göttingen, Vandenhoeck & Ruprecht, 1928
  • Original nature of the Lower Saxony rifle guild. Göttingen, Vandenhoeck & Ruprecht, 1928
  • The legal essence of granting dividends. Marburg, Elvertsche Verlbh., 1933
  • The legal nature of loyalty in the oldest German law. In: Marburg Festival for Erich Jung. 1937
  • Unwedersatt and widrisittolo , in: ZRG GA 59, 1939, p. 249
  • Ludwig von der Marwitz and the essential unity of politics and war. Stuttgart, Kohlhammer, 1941

literature

  • Wilhelm Ebel : Catalogus Professorum Gottingensium 1734–1962 . Vandenhoeck & Ruprecht, Göttingen 1962, p. 72.
  • Inge Auerbach: Catalogus professorum academiae Marburgensis. 1911 - 1971 Volume II, 1979, p. 126.
  • Franz Beyerle : Obituary for Heinrich von Minnigerode. In: ZRG 72 (1955), p. 459.
  • Erwin Garvens : Directory of members of the Société d'Étudiants Germania Lausanne , Hamburg 1937.
  • Gothaisches genealogical pocket book of the baronial houses, 1890, fortieth year, p.543

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