Justus von Olshausen

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Justus von Olshausen

Philipp Justus von Olshausen (born April 10, 1844 in Kiel , † March 15, 1924 in Wernigerode ) was a German legal scholar and senior Reich attorney and Senate President at the Reich Court . His commentary on the Imperial Criminal Code was the leading legal commentary in the German Empire .

Life

Justus Olshausen studied in Berlin , Göttingen and Heidelberg .

In 1866 he entered the Prussian judicial service as an auscultator . In 1867 he received his doctorate in Berlin. In 1871 he became a court assessor . In 1873 he became an assistant to the public prosecutor in Königsberg . In 1875 he was senior court assessor and substitute at the Crown Attorney in Celle . In 1878 he came to Cottbus as a district judge . In 1879 he was promoted to land judge and came to the Ministry of Justice as an unskilled worker. In 1880 Olshausen became secretary in the Immediatkommission for the military criminal procedure. In 1885 he became regional court director in Schneidemühl . In 1887 he was promoted to the chamber judge and taught as a lecturer at the Eberswalde Forest Academy . In 1890 he came to the Reichsgericht in the Second Criminal Senate . In 1899 he was appointed senior Reich attorney. He was a member of the permanent deputation of the German Juristentag from 1898 to 1912. From 1906 he was its president.

Olshausen was the prosecutor in the high treason trial against Karl Liebknecht in October 1907. On April 17, the Prussian war minister Karl von Eine brought charges against Karl Liebknecht for preparation for high treason with the Oberreichanwalt Olshausen. Liebknecht was charged with the brochure Militarism and Antimilitarism, published in February 1907, with a special focus on the international youth movement . In doing so, Olshausen quoted word for word from the War Minister's motion for the indictment. On 12 October 1907 Liebknecht was one and a half years imprisonment convicted. Olshausen had applied for two years in prison .

After that, Olshausen came back to the Reichsgericht and became President of III. Appointed criminal senate of the Reichsgericht . He was also a member of the Disciplinary Court. In 1910 he retired. In 1913 he was granted hereditary nobility.

Justus von Olshausen died in Wernigerode in 1924 at the age of 79 and was buried in the Old St. Matthew Cemetery in Berlin-Schöneberg . The grave has not been preserved.

family

The orientalist Justus Olshausen (1800–1882) was his father. Olshausen's brothers were the gynecologist Robert von Olshausen (1835–1915) and the chemist and prehistorian Otto Olshausen (1840–1922). In 1875 he married Adele Nessel (1856–1942), the daughter of Theodor Nessel (1814–1904), President of the Senate at the Court of Appeal in Frankfurt an der Oder . He had two sons, Theodor von Olshausen (1877–1930), president of the board of directors of the Reichsversicherungsanstalt for salaried employees , and Waldemar von Olshausen (1879–1959), Germanist.

comment

His commentary on the penal code, first published in 1880, was the standard work in the empire. From the 11th edition in 1927, the commentary was published in two volumes and edited by Karl Lorenz , Hans Freiesleben , Emil Niethammer , Georg Gutjahr. The comment had ten editions in his lifetime.

In 1936 the indexing of “Jewish” legal literature was taken seriously. A first "directory of legal and economic writings by Jewish authors" was published. The publisher made a serious mistake: Olshausen was denounced there that he was of Jewish origin. Less than two weeks after delivery, "Reichsrechtsführer" Hans Frank ordered on November 30, 1936, to remove this directory from the book trade, although the publisher apologized publicly and to the family. It is believed that it was an excuse to protect a targeted competing product. In 1942 the work appeared in its 12th edition.

Honors

Individual evidence

  1. ^ Anselm Weidner: War opponents. 100 years ago Karl Liebknecht was sentenced to imprisonment for high treason, calendar sheet, Deutschlandradio Kultur, accessed on December 3, 2010.
  2. Nick Brauns: If you have the youth, you have the army, Karl Liebknecht's book "Militarismus und Antimilitarismus" appeared 100 years ago , Junge Welt, March 26, 2007, p. 10, accessed on December 3, 2010.
  3. ^ Deutsche Juristen-Zeitung, Volume 18 (1913), Col. 853
  4. ^ Hans-Jürgen Mende: Lexicon of Berlin tombs . Haude & Spener, Berlin 2006. p. 307.
  5. ^ Deutscher Rechts-Verlag: Directory of legal and economic writings by Jewish authors, Berlin 1936, pp. 143f.
  6. Otmar Jung: The literary Star of David. The indexing of “Jewish” legal literature in National Socialist Germany, VfZ , Volume 54 (2006), p. 41f. ( PDF ).

literature