Johannes Voet
Johannes Voet (born October 3, 1647 in Utrecht , † September 9, 1713 ibid) was one of the most important jurists of the usus modernus pandectarum in the Netherlands and is often assigned to the Dutch elegant school .
Life
His father was the law professor Paulus Voet , one of the early Dutch lawyers to comment on conflict of laws . His mother was Elisabeth van Winsen.
After attending Latin school, Johannes Voet studied at the University of Utrecht , where he is said to have obtained his doctorate in law. Since neither the matriculation nor the Utrecht doctoral catalog mention his name, he could also have completed his studies in France. He took up his first professorship at the High School in Herborn in 1670. Then he was appointed on May 11, 1674 as a professor of law at the University of Utrecht, which office he took on August 25, 1674 with the speech De advocatis . Here in 1679/80 he also took part in the organizational tasks as rector of the Alma Mater .
On January 16, 1680 he was appointed professor of Roman law by the curators of the University of Leiden . He followed this call on February 6, 1680. After he had received a salary supplement of 2000 guilders in December 1687, he took over the chair of practical law on January 19, 1688. From then on he no longer only read Roman law, but - as the first lawyer in the Netherlands - also read applicable law. For his lectures he used a book by the pioneer of the Enlightenment , the legal scholar Hugo Grotius with the title "Inleidinge tot de Hollandsche rechts-leerdheid". In Leiden, too, he took part in 1681/82, 1686/87, 1709/10 as rector of the alma mater and was entrusted with the university's organizational tasks. A well-known legacy are two speeches he gave on the occasion of the resignation of the rectorate, the speech de docentium et discentium officio in 1687 and the speech qua monstratur veritas asserti in 1710: raros esse, qui philosophantur .
His daughter Anna Elisabeth Voet (born June 26, 1686 in Leiden; born October 31, 1724 in Utrecht) comes from his marriage to Magdalena de Sadeler (* Amsterdam; † March 24, 1718 in Utrecht), which he entered into on May 23, 1680 in Leiden ), who married the Utrecht secretary Gijsbert Voet van Winssen on August 6, 1705 in Utrecht (died September 2, 1649 in Utrecht; born July 28, 1742 in Utrecht).
Teaching
Johannes Voet wanted to link Roman and modern law, to harmonize theory and practice. His concern was to explain law and not, like humanistic jurisprudence , to conduct philological textual criticism . He was also responsible for the main work of the Dutch school, the Pandektenkommentar Commentarius ad Pandectas . He did not problematize the genesis of the corpus iuris , because he accepted the collection of laws as an unproblematic legal text.
For the explanation of the law and to be a good lawyer, in Voet's opinion, knowledge of positive law was sufficient, while his faculty colleague Gerhard Noodt, based on the humanistic understanding of the texts, considered a historical, philological education, in addition to the legal one, to be necessary and the Subjected texts of the Corpus Iuris to a philological text criticism and examined them for possible interpolations .
Voet is important for international private law , he contributed to the dissemination of the statutes and the comitas principle developed by his father , thus the cooperation and mutual consideration of the various states. "Roman-Dutch law", which is still in the rudimentary form in South Africa and other former Dutch colonies today, goes back primarily to Voet's authority. Its importance for the development of Roman law within Europe may also be emphasized.
Works
- De Jure militari liber sing. In quo plurimae ad militiae militumque jura pertinentes controversiae juxta leges, gentium mores, et rerum judicatarum exempla sunt definitae. Utrecht 1670 ( online ), The Hague 1705 ( online ), Brussels 1728 ( online ), Jena 1758 translated into Dutch: The Hague 1726
- De erciscunda familia liber singularis. Utrecht 1673, 1700 ( online ), 1717 ( online )
- Oratio funebris in obitum Andreae Essenii. Utrecht 1677
- Responsio ad Libellum Cephae Pistophili adversus Gisberti Voetii Disputationem de Justificatione. The Hague 1677
- Compendium juris juxta seriem Pandectarum. Felix Lopez, Leiden 1682 (digital copies: edition 1720 , edition 1731 , edition 1736 , edition 1736 ).
- Pandect textbook for students
- Commentarius ad Pandectas. In quo praeter Romani juris principia ac controversias illustriores, jus etiam hodiernum, et praecipue fori quaestiones excutiuntur 2 vols. Johannes Verbessel , Leiden 1698/1704 ( digitized ), The Hague 1704, 1707 ( online ), 1716, 1723, 1726, 1731– 34, Geneva 1769, Venice 1775 ( online ), Geneva 1778 ( online ), Halle 1680 ( online ), increased with a supplement by Joh. Van der Linden (Utrecht 1793),
- This Latin comment has been translated into English, including a. 1954: The selecvite Voet, and is still used today in South Africa as a standard work on Roman-Dutch law, i.e. common law with Dutch characteristics.
- Oratio, qua monstratur veritas asserti a d. pio Rarosesse, qui philosophantur. Leiden 1710 ( online )
- Oratio Funebris in obitum Antonii Matthaei AFAN Leiden 1710 ( Online )
- Elementa juris secundum ordinem Institutionum Justiniani in usum domesticae exercitationis digesta. Leiden 1712 ( online )
- Compendium juris juxta seriem Pandectarum, adjectis differentiis juris civilis et canonici. Leiden 1715 and 1720 ( online ), 2nd vol.
- De erciscunda familia liber sing. Additionibus nonnullis ut et supremi Brabantiae senatus arrestis hac primum editione illustratus. Brussels 1717
literature
- Govaert CJJ van den Bergh: The Dutch Elegant School: A Contribution to the History of Humanism and Jurisprudence in the Netherlands 1500–1800. Klostermann, Frankfurt am Main 2002, ISBN 3-465-03170-9 , especially pp. 35-44, 69-80
- Reinhard Zimmermann , Roman-Dutch law - an overview . In: Robert Feenstra / Reinhard Zimmermann (ed.), Roman-Dutch law: Advances in civil law in the 17th and 18th centuries. Duncker & Humblot, Berlin 1992, ISBN 3-428-07465-3 , pp. 9-58, 39 ff.
- Voet, Johann. In: Johann Heinrich Zedler : Large complete universal lexicon of all sciences and arts . Volume 50, Leipzig 1746, column 160.
- Christian Gottlieb Jöcher : General Scholar Lexicon, Darinne the scholars of all classes, both male and female, who lived from the beginning of the world to the present day, and made themselves known to the learned world, After their birth, life, remarkable stories, Withdrawals and writings from the most credible scribes are described in alphabetical order. Verlag Johann Friedrich Gleditsch, Leipzig, 1751, Vol. 4, Sp. 1688
- Johann Friedrich Jugler : Contributions to the legal biography or more precise literary and critical reports on the life and writings of deceased legal scholars and statesmen who have made themselves famous in Europe. Verlag Johann Samuel Heinsius, Leipzig, 1775, 2nd volume, p. 348 f. ( Online )
- Johannes van Kuyk: VOET (Johannes) . In: Petrus Johannes Blok , Philipp Christiaan Molhuysen (Ed.): Nieuw Nederlandsch Biografisch Woordenboek . Part 3. N. Israel, Amsterdam 1974, Sp. 1328–1329 (Dutch, knaw.nl / dbnl.org - first edition: AW Sijthoff, Leiden 1914, reprinted unchanged).
- Abraham Jacob van der Aa : Biographical Woordenboek der Nederlanden. Verlag JJ van Brederode, Haarlem, 1876, vol. 19, p. 303 ( online )
Web links
References and comments
- ↑ Against this classification, however, Govaert CJJ van den Bergh, The Dutch elegant school: A contribution to the history of humanism and jurisprudence in the Netherlands 1500–1800 (2002), p. 95.
- ↑ a b Jan Dirk Harke : Roman law. From the classical period to the modern codifications . Beck, Munich 2008, ISBN 978-3-406-57405-4 ( floor plans of the law ), § 3 no. 13.
| personal data | |
|---|---|
| SURNAME | Voet, Johannes |
| ALTERNATIVE NAMES | Foot, John |
| BRIEF DESCRIPTION | Dutch lawyer |
| DATE OF BIRTH | October 3, 1647 |
| PLACE OF BIRTH | Utrecht |
| DATE OF DEATH | September 9, 1713 |
| Place of death | Utrecht |