Hermann von Mangoldt

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Hermann Hans von Mangoldt (born November 18, 1895 in Aachen , † February 24, 1953 in Kiel ) was a German legal scholar and politician ( CDU ). In the post-war period he was from June to November 1946 Minister of the Interior of the State of Schleswig-Holstein .

Early years and education

Von Mangoldt came from an old Eastern noble family from Posern near Weißenfels ( Saxony-Anhalt ) and was the son of the royal Prussian secret government councilor Hans von Mangoldt (1854-1925), professor of mathematics at the Technical University of Danzig , and Gertrud Sauppe (1860– 1946), the daughter of the Göttingen professor of classical philology Hermann Sauppe (1809-1893).

After graduating from high school in Danzig , Mangoldt served in the Imperial Navy from April 1914 . He took part in the entire First World War, most recently as commander of a torpedo boat. He studied civil engineering at the TH Danzig and in September 1919 joined the police service at the Reich Water Protection Agency.

From 1922 onwards he completed a law degree alongside his job , which he finished with the first state examination in law after he left the police force in 1926 . After completing his legal clerkship , he passed the second state examination in law.

1928 doctorate he attended the University of Königsberg to Dr. jur.

University professor

Work during National Socialism

In 1933 Mangoldt was without a permanent position. At the beginning of 1934 he joined the Association of National Socialist German Jurists , which later became the National Socialist Lawyers ' Association .

Koenigsberg

In 1934 he completed his habilitation in Königsberg with the thesis Written Constitution and Legal Security in the United States of America . In 1935 he became an adjunct professor at the University of Königsberg.

Tübingen

In the same year he went to the Eberhard-Karls-Universität Tübingen , which appointed him in 1939 as a full professor for public law . In 1939 he published in the Württemberg administrative journal, the editor of which was State Secretary Karl Waldmann , the comparative legal analysis of racial law and Judaism , in which he compared the legal basis of the Nuremberg Laws with the constitutions of the Anglo-Saxon countries with reference to Hitler's Mein Kampf :

The history of the peoples of all continents clearly shows the dangers that threaten from mixing one's own blood with strongly foreign blood. Again and again the peoples have therefore taken drastic measures to prevent such foreign infiltration. But never before has the whole question been recognized as a racial problem with the same sharpness as it is today in the Third Reich and in individual other Central European countries, and has at the same time been treated as such in legislation . [...]
If one looks for an explanation for this embodiment of our racial rights, one can quickly find it in the population conditions in Central Europe. The danger of racial foreign infiltration only threatened seriously here from the Jews. No other alien people in this area has even come close to reaching as high numbers as they . [...]
Incidentally, this legislation also withstands any comparison with the measures of the Anglo-Saxon world from the ethical point of view. It is by no means, as is repeatedly asserted from abroad, just a reaction to a past, in which the alien people of the Jews in political events, in all economic and cultural matters does not belong to them Influence. Certainly these alien influences have become increasingly intolerable to the German people with increasing intensity, and it was no wonder that under such circumstances the call for a return to a species of its own, to a species of art and science of its own, was growing louder. However, these reasons were not decisive for the introduction of race law. Rather, it pursues completely different, and indeed high, ethical goals. The keeping of the blood pure, secured by these laws, is not an end in itself, but as the leader in the fight (p.434) said, 'the highest purpose of the national state is the concern for the preservation of those basic racial elements which, as culture-giving, are beauty and create dignity of a higher humanity ' .

His main scientific work of this time is the publication Rule of Law and Forms of Government in the United States of America , published in 1938 . The work continues the habilitation thesis and includes the spiritual foundations of American constitutional life. In his obituary, W. Strauss wrote about this work: “Just as Jonathan Swift once had to reflect the conditions of his time via Gulliver's travels, so von Mangoldt was only able to read the intellectual and constitutional foundations of civil liberty in those years with German readers bring a foreign role model close. "

Jena and Kiel

In 1941 he followed the call of the Friedrich Schiller University Jena and in 1943 that of the Christian Albrechts University Kiel to the chair of public law . From 1943 he was also director of the Institute for International Law at the University of Kiel . The exercise of university teaching duties was limited between 1939 and 1944 due to participation in the war (as a corvette captain ).

In the winter of 1944/45, von Mangoldt wrote, in anticipation of the war crimes trials to be expected, a treatise on the “international legal bases for the prosecution of war crimes”. In accordance with the National Socialist teachings, he takes the view that only “war crimes in the narrower sense” should be recognized as a concept of international law, but not waging a war of aggression or a crime against humanity. He fundamentally rules out the criminal liability of heads of state.

Although the London Statute of August 8, 1945 and Allied Control Council Law No. 10 of December 20, 1945 precluded this view, von Mangoldt's treatise later became very popular in legal circles; "It was read as a kind of edifying reading under international law, as a (if only 'spiritual') triumph over the perceived 'victorious justice' of the Allies."

After 1945

Work in the Parliamentary Council

As a member of the Parliamentary Council , as chairman of the committee for questions of principle and fundamental rights, he was involved in drawing up the Basic Law . Here Hermann von Mangoldt was instrumental in ensuring that the citation requirement of Article 19.1 sentence 2 of the Basic Law, which Thomas Dehler described in the session of the Parliamentary Council on February 8, 1949 as the "fetter of the legislature" , according to which laws restricting fundamental rights have to name the restricted basic right by specifying the article, is not included in the Basic Law. His request to delete the former Art. 20c, Paragraph 1, Clause 2 of the draft of the Herrenchiemsee Basic Law was rejected.

At the time when the Basic Law was being drawn up, efforts were made to grant the right of asylum in the Basic Law only to Germans who were persecuted abroad because of their “advocacy for freedom, democracy, social justice or world peace”, since the editorial committee has a right of asylum for all political refugees in the world as “too extensive” because, according to him, it “possibly includes the obligation to receive, care, etc.” and is therefore not affordable for the Federal Republic. However, von Mangoldt, together with Carlo Schmid ( SPD ), succeeded in countering such concerns that the current formulation of Article 16a of the Basic Law guarantees all politically persecuted people in the world a right to asylum in the Federal Republic.

Founder of a commentary on the Basic Law

He was the founder of the Mangoldt-Klein commentary on the Basic Law , which still bears his name today. The comment was one of the most cited of the early decisions of the Federal Constitutional Court, so that Mangoldt can be assumed to have a considerable influence on the case law of the Federal Constitutional Court. In line with Mangoldt's view in the Parliamentary Council, the commentary particularly welcomed the case law of the Federal Constitutional Court that interpreted the citation requirement restrictively.

politics

Mangoldt was a member of the state parliament of Schleswig-Holstein from 1946 to 1950 . He was a non-attached member of the first Landtag appointed , but became an intern in March 1946 and a member of the CDU parliamentary group in June 1946 . Here he was from April to November 1946 chairman of the committee for the constitution and rules of procedure and from April 1946 to April 1947 chairman of the interior committee.

From June 12 to November 22, 1946 he was chairman of the main committee for internal administration in the government of Schleswig-Holstein led by Theodor Steltzer .

In 1950 Mangoldt withdrew from politics in favor of his scientific work.

State constitutional judge

On November 25, 1951 Mangoldt was elected judge at the State Court of the Free Hanseatic City of Bremen , the Bremen State Constitutional Court. He held this office until his death in 1953. The legal scientist Werner Weber was elected as his successor at the State Court of Justice.

Marriage and children

Mangoldt's first marriage was Ingeborg Oppel in 1938 in Berlin-Steglitz . The marriage ended in divorce in 1948. The older of his two sons is constitutional lawyer Hans von Mangoldt .

In his second marriage, Mangoldt married the lawyer Waltraut Hunnius, daughter of Carl Hunnius, in Wyk auf Föhr in 1949 .

Honors

In 1983, Mangoldtstrasse was named after him in the Klausbrook residential area in Kiel-Wik .

criticism

Von Mangoldt approved the National Socialist racial legislation to pursue “high ethical goals”. The Süddeutsche Zeitung also mentioned him in an article on May 9, 2012 as a “fanatical advocate of the racial laws”. The musicologist Michael Custodis used this designation in a lecture about Friedrich Blume and in relation to von Mangoldt's role in his denazification proceedings, in which von Mangoldt, despite his past, acted as chairman in Blum's arbitration chamber proceedings.

literature

  • Genealogical manual of the nobility . Noble houses A. Volume XXIV (Volume 111 of the complete series). Starke, Limburg (Lahn) 1996, ISSN  0435-2408 , p. 241.
  • Wilhelm Knelangen : Hermann v. Mangoldt (1895-1953). A man of a new beginning after 1945? In: Andreas von Arnauld (Hrsg.): Völkerrecht in Kiel. Research, teaching and practice of international law at the Kiel location since 1665. , Duncker & Humblot, Berlin 2017, pp. 197–238, ISBN 978-3-428-15217-9 .
  • Wilhelm Knelangen: Hermann von Mangoldt and the transition from dictatorship to democracy . In: Andreas von Arnauld u. a. (Ed.): 350 years of the Faculty of Law at the Christian-Albrechts-Universität zu Kiel , Mohr Siebeck, Tübingen 2018, pp. 339–372, ISBN 978-3-16-155924-2 .
  • Waltraut von Mangoldt: Hermann von Mangoldt. In: 50 Years of the Institute for International Law at the University of Kiel. 1965, pp. 221-233.
  • Angelo Rohlfs: Hermann von Mangoldt (1895–1953). The life of the constitutional law teacher from the German Empire to the Bonn Republic. Berlin 1997.
  • Christian Starck : Hermann von Mangoldt (1895–1953). Member of the Parliamentary Council and commentator on the Basic Law. In: Archives of Public Law 121 (1996), pp. 438–447.
  • Ulrich Vosgerau: Hermann von Mangoldt. In: Günter letter , Hans-Otto Kleinmann, In responsibility before God and man. Christian Democrats in the Parliamentary Council 1948/49. 2008, 271, 277 f.
  • Heinrich Amadeus Wolff : Hermann von Mangoldt (1895–1953). In: Peter Häberle, Michael Kilian, Heinrich Wolff (Eds.): Constitutional law teacher of the 20th century. Germany, Austria, Switzerland . De Gruyter, Berlin / Boston (2nd edition) 2018, pp. 537-548, ISBN 978-3-11-054145-8 .
  • Rüdiger Wolfrum :  Mangoldt, Hermann. In: New German Biography (NDB). Volume 16, Duncker & Humblot, Berlin 1990, ISBN 3-428-00197-4 , p. 32 f. ( Digitized version ).

Web links

Individual evidence

  1. ↑ Dissertation: Basic problems of German public inland navigation law
  2. ↑ Hermann von Mangoldt: Race Law and Judaism. In: Württemberg administration journal. No. 3 from March 15, 1939, 35th year. Edited by Karl Waldmann , p. 1f.
  3. ↑ Walter Strauss, Hermann von Mangoldt to the memory, The public administration (DÖV) 1953, 247 f.
  4. ^ Ulrich Vosgerau: Hermann von Mangoldt. In: Günter letter, Hans-Otto Kleinmann: In responsibility before God and people. Christian Democrats in the Parliamentary Council 1948/49. 2008, pp. 271, 278.
  5. ^ Minutes of the Parliamentary Council 48/49. P. 620, meeting of February 8, 1949.
  6. ↑ a b Jochen Bittner : The opposite of gratitude In: Die Zeit . 2nd January 2017.
  7. ↑ The Parliamentary Council 19,481,949th files and protocols. Volume 7: Drafts for the Basic Law (edited by Michael Hollmann ), Boppard 1995, p. 37.
  8. ↑ Michael Streich: Politically persecuted people enjoy the right of asylum. In: The time . February 17, 1989.
  9. ^ Ulrich Vosgerau: Hermann von Mangoldt. In: Günter letter, Hans-Otto Kleinmann: In responsibility before God and people. Christian Democrats in the Parliamentary Council 1948/49. 2008, 271, 276
  10. Jump up ↑ A German career - Friedrich Blume, who was fighting for a fight: his character was tested and yet he was an agitator. The Nazi past of the most influential German musicologist. Lecture by Prof. Dr. Michael Custodis in the Evangelical Forum Münster on January 15, 2013 ( Memento from April 15, 2013 in the web archive archive.today )
personal data
SURNAME Mangoldt, Hermann von
ALTERNATIVE NAMES Mangoldt, Hermann Hans von (full name)
BRIEF DESCRIPTION German political scientist and politician (CDU), MdL
DATE OF BIRTH November 18, 1895
PLACE OF BIRTH Aachen
DATE OF DEATH February 24, 1953
Place of death Kiel