Johannes Nagler

Johannes Nagler (born February 22, 1876 in Reichenbach im Vogtland , † December 27, 1951 in Ballenstedt ) was a German law scholar and university professor.

life and work

Nagler studied law at the University of Leipzig from 1894 until his first state examination in law in 1897 . After his second state examination in 1901, he was appointed assessor and assistant judge at the Leipzig Regional Court. In 1903 Nagler completed his habilitation in Leipzig with Karl Binding and received the Venia legendi for the subjects of criminal law and criminal procedure law. From 1906 he was a full professor for criminal law, criminal procedural law and international law at the University of Basel . In 1913 he changed to the chair for criminal and criminal procedural law, civil procedural law and general legal theory at the University of Freiburg im Breisgau . In 1928 he accepted a call from the University of Breslau to the chair of criminal and criminal procedural law, civil procedural law and canon law , which he held until 1945. Then he retired to his birthplace.

Nagler's main area of ​​research was the nature and purpose of punishment. In the theoretical dispute between the classical school of criminal law of his teacher Binding and the sociological school of criminal law Franz von Liszt , he tended more towards Binding and saw the purpose of punishment in the just compensation of the violation of the authority of the community. He also focused on juvenile criminal law, to which he devoted two monographs from the point of view of the prevention of criminal offenses. He was also involved in the comprehensive comparative presentation of German and foreign criminal law. In the 6th and 7th edition of the Leipzig Commentary , the commentary on §§ 1 to 152 StGB comes from his pen. Together with Friedrich Oetker and Hellmuth von Weber , Nagler was the author of an expert opinion in 1933 which, after the Reichstag fire, held the retroactive reintroduction of the death penalty for serious arson to be constitutional, contrary to prevailing opinion.

Nagler was married to Martha Lydia, born in 1908. Peßler (1884–1963). Their only child, Christoph-Wolfgang Nagler, born in 1911 and a doctor of law, fell in 1942 in Russia.

Fonts (selection)

• Participation in the special crime . W. Engelmann, Leipzig 1903 (habilitation thesis).
• Crime prevention and criminal law . W. Engelmann, Leipzig 1911.
• The mass crime . CA Wagner, Freiburg im Breisgau 1926.
• The problem of upbringing in modern prison systems . Speyer & Kaerner, Freiburg im Breisgau 1926.
• Resistance to foreign state power . Marcus, Breslau 1931.

literature

• Reinhart Maurach : Obituary Johannes Nagler , in JZ 1952, p. 124.

Web links

• Nagler, Johannes in the German biography , accessed on November 2, 2018.