Herbert Kruger

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Herbert Krüger (1980)

Herbert Krüger (born December 14, 1905 in Krefeld , † April 25, 1989 in Hamburg ) was a German legal scholar .

Life

Due to his father's (businessman's) relationship with Russia , Krüger lived for several years as a child in Moscow , where he attended school until 1914. After graduating from high school, which he passed in Cologne in 1924 , he studied law at the University of Cologne , Heidelberg and Berlin until 1928 . He belonged to the Corps Rhenania Heidelberg . In Berlin, Krüger passed the trainee exam in 1928 and the assessor exam in 1932 . In 1934 he did a doctorate in criminal law theory at the Friedrich Wilhelms University there on the subject of legal thought and legal engineering in liberal criminal law with Eduard Kohlrausch , and in 1936 he completed his habilitation with Rudolf Smend with the (lost) state theoretical work The relationship between law and reality in legal and state theory of the 19th century .

In 1936 Krüger initially worked as a private lecturer in Berlin and later at Heidelberg University. In Heidelberg he was appointed associate professor for public law and canon law in 1937 and full professor in 1940. He was a member of the university's Imperial Advisory Council and a member of the Senate. In 1941 Krüger became a full professor at the University of Strasbourg , where he was to oversee the subject of administrative law . However, since he was not released from the Wehrmacht , to which he was drafted in August 1939, he did not hold any courses. Until mid-December 1943 he was the battery chief of a 10.5 cm anti-aircraft battery in the Mannheim area, then a consultant for "Wehrgeistigeführung" at Luftgaukommando XII in Wiesbaden.

Krüger was a National Socialist , joined the SS on November 2, 1933 (membership number 185.074) and the NSDAP on May 1, 1937 (membership number 4.271.348). From 1944 he belonged to the leadership of the NSDDB .

After 1945, Krüger was initially a lawyer and tutor in Frankfurt am Main . From 1951 he was managing director of the Association of German Shipowners in Hamburg. In 1955, Kruger was after he was on the first place one in 1951 calling list of the Georg-August-University of Goettingen had found, to the chair of heads of state and international law at the University of Hamburg appointed, which he until his retirement belonged.

In 1991 his daughter Gabriele Krüger established the Professor Herbert Krüger Foundation to promote the overseas comparative constitution . Krüger's private library, comprising around 15,000 volumes, was donated by his daughter and heiress to the Giessen University Library in accordance with his will , with his pupil Brun-Otto Bryde (Professor of Public Law at the Justus Liebig University in Giessen and judge at the Federal Constitutional Court from 2001 to 2011 ).

plant

Krüger belonged to the group of constitutional lawyers who willingly sided with the National Socialist regime. In one of his writings he wrote, for example, that through the “ National Revolution ” “the whole intellectual and literary apparatus of liberalism and democracy fell into the junk room”. Anti-Semitic views can be found in Kruger’s writings, albeit in general formulas . Likewise, his writings show elements of nationalist thought. Krüger also pleaded for the primacy of the NSDAP over the state. In addition, he dealt intensively with the " Führer ", u. a. with its constitutional classification.

After the war, work focuses Kruger were the German Economic Constitutional Law , the international law , the theory of the state as well as in his last years, especially the overseas Constitutional Law. He was the founder of the Overseas Constitutional Comparison Working Group and founded the journal Constitution and Law in Übersee in 1968 .

In his general state theory , published in 1964 and comprising more than 1,000 pages, Krüger defines state authority "as the general and blanket power of attorney of the state to be able to provide itself with all means as it sees fit, which are required to deal with existing or threatening situations". "The citizen completes his work of bringing about the state as a subject by helping the state through absolute obedience to that unconditional effectiveness, without which he would not be able to fulfill his purpose of mastering the situations threatening the groups." The performance of obedience to the state is "the highest earthly self-fulfillment of human dignity ". The citizen's attention to the fundamental rights part of the constitution "all too often fatally reminds the criminal of the interest that the criminal takes in the penal code." Based on these and corresponding statements, the general political doctrine has been described as "anti-democratic state doctrine that speaks to the absolutist subject state" . Since Krüger also describes his theory of the state as "the result of an effort of almost 35 years" and cites several times without reservation from his book The Spiritual Foundations of the State , published in 1940, the continuity of thought is preserved.

At the Kösener Congress in 1971 in Würzburg, he gave the keynote address.

Publications (selection)

  • The leader as the turning point of thought . In: Youth and Law. Journal for the reform of German law . Ed .: National Socialist Legal Guards Association , Young Legal Guards. Berlin 1934, No. 150.
  • The structure of the Führer constitution . In: German Law, 5th year 1935, p. 210 ff.
  • Leader and leadership . Korn, Breslau 1935.
  • Trust as the spiritual basis of the national community . Winter Verlag, Heidelberg 1940 (war lectures of the University of Heidelberg).
  • The spiritual foundations of the state . Kohlhammer, Stuttgart, Berlin 1940
  • Unity and freedom. The structural problems of the constitutional typology . Hanseatische Verlagsanstalt, Hamburg 1944.
  • General political theory . Kohlhammer, Stuttgart 1964 (2nd edition 1966).
  • Rule of law, welfare state, state. Or: the rule of law + the welfare state do not yet result in a state (= Hamburg public law secondary hours 29). Metzner, Frankfurt am Main 1975.

literature

  • Wilhelm R. Beyer: Should we become subjects again? From the works of the Hamburg university professor Herber Krüger . In: Staat und Recht 1964, pp. 1268–1270.
  • Bernd Bader: Patrons, artists, book collectors , in: Reports and works from the university library and the university archive Gießen 57 (2007) (PDF; 3.4 MB), p. 210 ff.
  • Hellmuth Hecker , Knud Krakau and Thomas Oppermann (eds.): Herbert Krüger. State, economy, international community. Selected writings from forty years , 1970.
  • Ernst Klee : Das Personenlexikon zum Third Reich , 2nd edition, 2007, p. 344.
  • Thomas Oppermann : Herbert Krüger on his 70th birthday . In: Archives of Public Law 100 (1975), pp. 624–627.
  • Thomas Oppermann: Obituary . In: Archives of Public Law 115 (1990), pp. 311-313.
  • Thomas Oppermann: A German Constitutional Law Teacher in the 20th Century. On the 100th birthday of Herbert Krüger (1905–1989). In: Archives of Public Law (AöR) , 130 vol., 2005, pp. 494–499.
  • Herwig Schäfer: Legal teaching and research at the University of Strasbourg 1941–1944 (= contributions to the legal history of the 20th century , vol. 23). Mohr Siebeck , Tübingen 1999, ISBN 3-16-147097-4 , pp. 82-84 and 248 f.
  • Rolf Seeliger: Brown University. German university professors yesterday and today , Volume 6, 1968, p. 41 ff.
  • Kurt Sontheimer : Finally, another political theory . In: Die Zeit , No. 40/1964.
  • Dieter Suhr : Obituary . In: Neue Juristische Wochenschrift 1989, p. 2521 f.

Web links

References and comments

  1. ↑ Herwig Schäfer: Legal teaching and research at the University of Strasbourg 1941–1944 , 1999, p. 82, 249. with additional references
  2. ↑ Bernd Bader: Patrons, artists, book collectors . In: Reports and works from the university library and the university archive Gießen 57 (2007) (PDF; 3.4 MB) p. 210.
  3. ^ Gerhard Scheffler: Herbert Krüger on his 80th birthday . In: Neue Juristische Wochenschrift 1986, p. 169.
  4. ^ Dieter Suhr : Obituary. In: Neue Juristische Wochenschrift 1989, p. 2521.
  5. ↑ a b c Schäfer, p. 82 with additional references
  6. ^ Corps Rhenania
  7. ↑ Scheffler, p. 169.
  8. ^ Rolf Seeliger: Brown University. German university professors yesterday and today , Volume 6, 1968, p. 45.
  9. ^ S. in detail Birgit Vezina: "Die Gleichschalt" der Universität Heidelberg , 1982, p. 128.
  10. ^ Corps Rhenania
  11. ↑ Schäfer, p. 83 f. There you will also find details on the appeal process.
  12. ↑ Herbert Krüger: The Spiritual Foundations of the State , 1940, p. V (foreword). In 1940/41 Krüger - at least temporarily as a lieutenant in a flak position (Herbert Krüger: The room as a designer of domestic and foreign policy . In: Reich, Volksordnung, Lebensraum 1/1941, p. 77) - was deployed in the German-Soviet War (Herbert Krüger: Unity and Freedom , 1944, p. 5 [foreword]).
  13. ↑ Schäfer, p. 84 fmwN
  14. ↑ Personal files Krüger, Berlin Document Center (today in the Federal Archives ) (quoted from Schäfer, p. 82); Vezina, p. 128 fn. 519.
  15. ^ Krüger personal file (quoted from Schäfer, p. 82). It stands to reason that the time of the Nazi Party membership, which came into force on 1 May 1933 Member Erase protection of the NSDAP is related. The ban on admission was relaxed with the introduction of the party candidate in accordance with Order 18/37 of the Reich Treasurer of the NSDAP of April 20, 1937; Regardless of the application date, May 1, 1937 was set as the date of admission for party candidates, s. Federal Archives ( Memento from June 21, 2008 in the Internet Archive ).
  16. ^ Ernst Klee : Das Personenlexikon zum Third Reich , 2nd edition, 2007, p. 344.
  17. ↑ Bader, p. 210.
  18. ^ Klee, p. 344.
  19. ↑ Dorothee Mußgnug, Reinhard Mußgnug , Angela Reinthal (ed.): Briefwechsel Ernst Forsthoff Carl Schmitt (1926–1974) , p. 81.
  20. ↑ Schäfer, p. 248 with further references
  21. ↑ Bader, p. 214.
  22. ↑ a b See Bader, p. 213.
  23. ↑ Horst Dreier : The German Constitutional Law in the Time of National Socialism , in: Publications of the Association of German Constitutional Teachers 60 (2001), p. 17 (digitized version ) .
  24. ^ Herbert Krüger: Führer and leadership , 1935, p. 145.
  25. ↑ See Dreier, p. 29.
  26. ↑ See Dreier, p. 35.
  27. ↑ Krüger 1944, pp. 92 f., 99 f.
  28. ^ S. only Krüger 1935, passim .
  29. ↑ Schäfer, p. 248.
  30. ^ Thomas Oppermann: A German constitutional law teacher in the 20th century. On the 100th birthday of Herbert Krüger (1905–1989). In: Archives of Public Law (AöR), 130 vol., 2005, pp. 494, 498; Corps Rhenania
  31. ^ Herbert Krüger: Allgemeine Staatslehre , 1964, p. 818.
  32. ↑ Krüger 1964, p. 941.
  33. ↑ Krüger 1964, p. 988.
  34. ↑ Krüger 1964, p. 535.
  35. ↑ Seeliger, p. 41. There also other examples.
  36. ↑ Krüger 1964, p. V (foreword).
  37. ↑ Seeliger, p. 42.
  38. ^ The corps student in modern society . Deutsche Corpszeitung, Volume 72, June 1971, No. 3, pp. 121-132
personal data
SURNAME Kruger, Herbert
BRIEF DESCRIPTION German lawyer
DATE OF BIRTH December 14, 1905
PLACE OF BIRTH Krefeld
DATE OF DEATH April 25, 1989
Place of death Hamburg