Karl Engisch

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Karl Engisch around 1968

Karl Engisch (born March 15, 1899 in Gießen ; † September 11, 1990 in Nieder-Wiesen ) was a German legal scholar .

Live and act

Engisch, whom Hans Joachim Hirsch described as one of the “outstanding criminal law theorists of the past century”, was born on March 15, 1899 in Giessen as the son of a Hessian lawyer . After graduating from high school, Engisch took part in the First World War at the age of 18 and was wounded twice. Between 1918 and 1921, Engisch studied law at the Hessian Ludwig University and the Ludwig Maximilians University in Munich , with Max Weber among others . In Giessen he became a member of the Corps Hassia with his younger brother Ludwig Engisch (1900–1957) . In 1924 he received his doctorate with Otto Eger with a legal philosophical thesis on imperative theory .

After completing his legal clerkship (1924–1927), Engisch worked for a while as a lawyer in his father's office, where he took over criminal cases. In 1929 he completed his habilitation in Giessen with the criminalist Wolfgang Mittermaier (1867–1956) with his monograph, which is still frequently cited today : Investigations into intent and negligence in criminal law . This contains the first thoughts on a thought experiment known as a “ switchman case ”. In addition to Mittermaier, his intellectual fathers at that time included the famous criminal lawyer Ernst Beling , to whom Engisch also devoted his logical studies on the application of the law , and the philosopher Ernst von Aster (1880–1948). After serving as professorships (1929–1934) in Freiburg im Breisgau , Gießen and Munich, Engisch accepted a chair in Gustav Radbruch's chair for criminal law , criminal procedure law and legal philosophy at the Ruprecht-Karls-Universität Heidelberg in the summer semester of 1934 .

Even though Engisch was close to the National Socialists as a member of the NSDAP and did not reject Adolf Hitler's seizure of power , he always retained his critical and skeptical attitude. For example, he refused to leave Jewish authors unquoted in his works, even if many of his colleagues considered them no longer quotable, and he proved his backbone when in March 1935 the student union of the student union called for a boycott of lectures by non-Aryan professors. As dean of his faculty, he protested, albeit in vain, against obstruction by SA posts with the university administration. He was one of those jurists who rejected the penetration of National Socialist ideology into jurisprudence and avoided including such lines of thought in his books. Nonetheless, in a review in the well-known archive for civilist practice, he expressly took a stand for the regime: “The laws of the National Socialist state are leaders' orders and as such are rights. Judicial and official compulsory reactions that contradict these laws are not a right and cannot become so by accumulation in the same direction. Likewise, typical forced reactions that blatantly run counter to the principles of the National Socialist legal view could not be called law. After all, these are self-perceptions that one is almost embarrassed to express. "

After the war (1953), Engisch accepted an offer from the University of Munich to the chair of Edmund Mezger , after rejecting calls to Leipzig (1936), Vienna (1939) and Hamburg (1950). At the congress of the Kösener Seniors Convents Association , he gave the address on May 27, 1955 in the Würzburg Residence . He worked in Munich until his retirement in April 1967. In 1971, Engisch returned to Heidelberg, where he held lectures on criminal law and legal philosophy as an honorary professor for many years until his death on September 11, 1990 .

Engisch knew how to step out of the narrow framework of technical discussions in his lectures and introduce food for thought from philosophy and literature. He quoted Goethe , Immanuel Kant , Thomas Mann and Arthur Schopenhauer offhand . He received honorary doctorates from the Universities of Heidelberg , Mannheim and Saragossa , was holder of the Bavarian Order of Merit (awarded in 1961) and a member of the Heidelberg and Bavarian Academy of Sciences (1938 and 1956, respectively) and a corresponding member of the Académie royale de Belgique (1971). Engisch was also one of the co-editors of the Journal for the Entire Criminal Law Science (ZStW) and the journal Legal Theory and owned one of the largest private libraries of the time, part of which was relocated to an outbuilding in the country.

His work, Introduction to Legal Thought , probably best known among students, was published in the 10th edition in 2005 (edited by Thomas Würtenberger ).

Engisch was born in 1924 with Thekla, who died in 1973. Schudt married. The daughters Irmgard Engisch (* 1925) and Renate Behler b. English (* 1926).

Fonts

Independent writings and essays are predominantly of the monograph Maschke Gerechtigkeit durch Methode: On Karl Engisch's Theory of Legal Thought. P. 281 ff., Taken. Another list of Engisch's writings can be found at the end of the Engisch Festschrift (published by Paul Bockelmann et al.) From 1969.

Independent writings

  • Die Imperativentheorie , Diss. Jur., Gießen 1924 (unpublished), printed in the extract In: Extracts from the dissertations presented to the law faculty of the University of Gießen. Giessen 1925, pp. 42–47 (faculty files).
  • Investigations into intent and negligence , Berlin 1930; Reprint, Aalen 1964.
  • Causality as a feature of criminal offenses , Tübingen 1931.
  • The Unity of the Legal Order , Heidelberg 1935; unchangeable Reprinted with a foreword by Arthur Kaufmann , Darmstadt 1987.
  • Logical studies on the application of the law , Heidelberg 1943; 2nd edition, ibid. 1960; 3rd, supplemented edition, ibid. 1963.
  • Logic of Law , unpublished transcript of the lecture of the same name, given at Heidelberg University in the summer semester of 1947.
  • Euthanasia and the destruction of life unworthy of life under criminal law , Stuttgart 1948.
  • From the jurist's worldview , Heidelberg 1950; 2nd edition, expanded by an afterword, ibid. 1965.
  • The idea of ​​concretization in law and jurisprudence of our time , Heidelberg 1953; 2nd, supplemented edition, ibid. 1968.
  • Introduction to legal thinking , Stuttgart 1956; 8th edition ibid. 1983; 9th edition, ed. by Thomas Würtenberger and Dirk Otto , ibid. 1997; Portuguese translation, Lisbon 1965; Spanish translation, Madrid 1967, Greek translation, Athens 1981.
  • The doctrine of free will in the doctrine of criminal law philosophy of the present , Berlin 1963.
  • Truth and Correctness in Legal Thought , Munich University Speeches, NF, no. 35, Munich 1963; also in: contributions to legal theory, ed. by Paul Bockelmann , Arthur Kaufmann , Ulrich Klug , Frankfurt a. M. 1984, pp. 286-310; also in: Legal Philosophy or Legal Theory ?, ed. by Gerd Roellecke , Darmstadt 1988, pp. 262-288.
  • In Search of Justice, Main Themes of Legal Philosophy , Munich 1971.
  • The doctor at the limits of life: criminal law problems of protecting life , Bonn 1973.
  • Contributions to legal theory , ed. by Paul Bockelmann , Arthur Kaufmann , Ulrich Klug , Frankfurt a. M. 1984.
Co-author
Crime and Punishment. 13 lectures on the German criminal trial , 1960.
The medical duty to provide information from a legal and medical point of view , Cologne 1970.

Articles (selection)

  • Emergency and Putativnotstand , In: MschKrim 23 (1932), pp. 420-429
  • Interest jurisprudence and criminal law , In: MSchKrim 25 (1934), pp. 65–86.
  • On the phenomenological method in criminal law , In: ARSP 30 (1936/1937), pp. 130–149.
  • Essence view and concrete orderly thinking in criminal law , In: MSchKrim 29 (1938), pp. 133-148.
  • Logic of Jurisprudence , In: Geistige Arbeit, Journal from the Scientific World, 8th Jhg. (1941), No. 7, pp. 1-3.
  • The final action concept , In: Problems of the renewal of criminal law, Festschrift for Eduard Kohlrausch , Berlin 1944, pp. 141–179.
  • The concept of the legal loophole . An analytical study of Wilhelm Sauer's methodology, In: Festschrift für Wilhelm Sauer, Berlin 1949, pp. 85-102.
  • Der Rechtsfrei Raum , In: ZStaatW 108 (1952), pp. 385-430; also in: contributions to legal theory, ed. by Paul Bockelmann , Arthur Kaufmann , Ulrich Klug , Frankfurt a. M. 1984, pp. 9-64; Spanish translation, Cordoba 1964.
  • The normative elements of the offense in criminal law , In: Festschrift für Edmund Mezger , Munich and Berlin 1954, pp. 127–163.
  • Sense and scope of legal systematics , In: Studium Generale, 10th Jhg. (1957), pp. 173-190; also in: contributions to legal theory, ed. by Paul Bockelmann, Arthur Kaufmann, Ulrich Klug, Frankfurt a. M. 1984, pp. 88-125.
  • Factual error and prohibition error with justification reasons, In: ZStW 1984, pp. 88–125.
  • The relativity of legal terms , In: German state lectures for the 5th international congress for comparative law in Brussels 1958, Berlin 1958.
  • Tasks of a logic and methodology of legal thought , In: Studium Generale, 12th Jhg. (1959), pp. 76-87; also in: contributions to legal theory, ed. by Paul Bockelmann, Arthur Kaufmann, Ulrich Klug, Frankfurt a. M. 1984, pp. 65-87.
  • The injustice in criminal law. A critical consideration of the current state of the doctrine of illegality in criminal law , In: Hundert Jahre deutsches Rechtsleben, Festschrift for the hundredth anniversary of the German Juristentag, 1860–1960, Vol. 1, Karlsruhe 1960, pp. 401–437.
  • On the nature of the matter in criminal law , In: Festschrift für Eberhard Schmidt , Göttingen 1961, pp. 90–121, also in: The ontological grounds of law (ed. Arthur Kaufmann), Darmstadt 1965, pp. 204–243.
  • From the meaning of the hypothetical legal judgment , In: Existence and Order, Festschrift for Erik Wolf , Frankfurt a. M. 1962, pp. 398-420; also in: contributions to legal theory, ed. by Paul Bockelmann, Arthur Kaufmann, Ulrich Klug, Frankfurt a. M. 1984, pp. 169-219.
  • Form und Stoff in der Jurisprudenz , In: Festschrift for Fritz von Hippel , Tübingen 1967, pp. 63–94; also in: contributions to legal theory, ed. by Paul Bockelmann, Arthur Kaufmann, Ulrich Klug, Frankfurt a. M. 1984, pp. 251-158.
  • Law and Morality in the Discussion of the Present , In: Truth and Annunciation, Michael Schmaus for his 70th birthday, Munich, Paderborn, Vienna 1967, pp. 1743–1760.
  • Doing and omitting , In: Festschrift for Wilhelm Gallas , Berlin, New York 1973, pp. 163–196.
  • Term division and classification in jurisprudence , In: Festschrift for Karl Larenz on his 70th birthday, Munich 1973, pp. 125–153; also in: contributions to legal theory, ed. by Paul Bockelmann, Arthur Kaufmann, Ulrich Klug, Frankfurt a. M. 1984, pp. 126-155.
  • Logical reflections on the definition of crime , In: Festschrift for Hans Welzel , Berlin, New York 1974, pp. 343–378; also in: contributions to legal theory, ed. by Paul Bockelmann, Arthur Kaufmann, Ulrich Klug, Frankfurt a. M. 1984, pp. 156-195.
  • On negations in law and jurisprudence , In: Festschrift for Heinrich Henkel , Berlin, New York 1974, pp. 47–74; also in: contributions to legal theory, ed. by Paul Bockelmann, Arthur Kaufmann, Ulrich Klug, Frankfurt a. M. 1984, pp. 220-250.
  • Formal logic, concept and construction in their meaning and scope for jurisprudence , In: Festschrift für Ulrich Klug, Volume 1, Cologne 1983, pp. 33–54.
  • Subsumption and legal training , In: Judicial legal training. Appearance, mission, limits. Festschrift for the law faculty for the 600th anniversary of the Ruprechts-Karl-Universität Heidelberg , Heidelberg 1986, pp. 3–9.

Engisch also published numerous reviews and literature reports.

literature

Web links

Individual evidence

  1. ↑ Hans Joachim Hirsch, In: Festschrift for Nikolaos K. Androulakis, p. 225, Athens 2003.
  2. ↑ For the following see the introduction at: Andreas Maschke: Justice through method: To Karl Engisch's theory of legal thinking. Heidelberg 1993, p. 1 ff.
  3. ↑ Kösener Corpslisten 1996, 66/1104
  4. ↑ The imperative theory
  5. ↑ Review of Theodor Jaehner: The myth of law and its empirical foundations (1933), AcP 1936, 116, 120.
personal data
SURNAME English, Karl
BRIEF DESCRIPTION German legal scholar
DATE OF BIRTH March 15, 1899
PLACE OF BIRTH to water
DATE OF DEATH September 11, 1990
Place of death Nieder-meadows