Carl Gottlieb Svarez

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Portrait medallion of Svarez on an information pillar in the Luisenstadt church park in Berlin-Mitte
Svarez 'statue on the facade of the Leipzig Imperial Court building

Carl Gottlieb Svarez (originally Schwartz; born February 27, 1746 in Schweidnitz , † May 14, 1798 in Berlin ) was a Prussian lawyer and judicial reformer.

Life

He was the son of a lawyer and councilor who had the original family name Schwartz "dressed in the learned cloak of Spanish spelling" ( H. Thieme ) - hence the spelling 'Svarez'. After 1762 the study of law at the Brandenburg University of Frankfurt had taken, he laid in 1766 in Breslau , the Assessor - exams from. From 1771 he was there as senior government councilor and the closest collaborator of the then Silesian Minister of Justice and later Prussian Grand Chancellor Johann Heinrich von Carmer . In 1779, the Müller-Arnold trial was the reason for his appointment to the Berlin Ministry of Justice.

In this position, he played a key role in drafting the soon-to-be-passed Prussian laws, such as the censorship decree of December 19, 1788 , but especially the Corpus Juris Fridericianum, which was soon to be replaced by the General Court Regulations, and the General Land Law for the Prussian States (ALR) . The last-mentioned work shaped the legal life in Prussia for decades. When the law came into force in 1794, restrictions on royal influence on the judiciary had been removed again on the instructions of Friedrich Wilhelm II of Svarez.

But his activity was not limited to working on these projects. He taught the later King Friedrich Wilhelm III. with the preserved Crown Prince lectures and turned to the Prussian population with his popular “instruction on the laws”, as well as with the (fictitious) “exchange of letters about the current judicial reform in the Prussian states”. With his work he was one of the most important lawyers of his time, the epoch of the law of reason . In April 1798 the king appointed him to the Academy of Sciences . It was not introduced there because he succumbed to an abdominal ailment on May 14, 1798.

Carl Gottlieb Svarez was married to Johanna Dorothea Arndt (1755-1827), but the marriage remained childless. Johanna Dorothea Arndt was the sister of the historian Gottfried August Arndt (1748–1819).

Honors

Works (selection)

  • Collection of old and new Silesian provincial laws for everyday use by judges and lawyers. First part . Wilhelm Gottlieb Korn, Breßlau 1771.
  • Collection of old and new Silesian provincial laws for everyday use by judges and lawyers. Second Part First Division . Wilhelm Gottlieb Korn, Breßlau.
  • Collection of old and new Silesian provincial laws for everyday use by judges and lawyers. Second Section of the Second Part . Wilhelm Gottlieb Korn, Breßlau 1773.
  • Remarks on the Silesian landscape, especially in the current times. Wilhelm Gottlieb Korn, Breslau 1778.
  • Exchange of letters about the current judicial reform in the Prussian states, together with some acts instructed according to the regulations of the new procedural order . First issue. George Jacob Decker, Berlin 1780.
  • Exchange of letters about the current judicial reform in the Prussian states, together with some acts instructed according to the regulations of the new procedural order . Second issue. George Jacob Decker, Berlin 1781.
  • To the audience. About the old and new process order . George Jacob Decker, Berlin 1782.
  • Carl Gottlieb Svarez, Gottlieb Goßler: Instructions for the parties on their behavior in litigation and other judicial matters. Designed according to the general court rules for the Prussian states. Nicolai, Berlin 1796 ( digitized version ).
  • Svarez's official lectures at the final revision of the general land law. Johann Fridrich Starcke, Berlin 1833 ( digitized ).

Modern editions of works

  • Carl Gottlieb Svarez: Collected Writings, 12 vols. , Ed. by Peter Krause in connection with the Research Center for Reason Law and Prussian Legal Reform at the University of Trier. Frommann-Holzboog, Stuttgart-Bad Cannstatt 1996 ff., ISBN 978-3-7728-1788-5 .

literature

  • Christian Baldus , Horst Mühleisen: The correspondence between Carl Gottlieb Svarez and Johann Georg Schlosser about the editorial team for the draft of a general code of law for the Prussian states . In: Aufklerung , Vol. 7 (1994), H. 2, pp. 103-130.
  • Walther Gose (ed.): On the history of ideas and reception of the Prussian general land law. Trier symposium on the 250th birthday of Carl Gottlieb Svarez. Frommann-Holzboog, Stuttgart-Bad Cannstatt 1999, ISBN 3-7728-1957-5 .
  • Thomas Karst: General constitutional law in the context of the Crown Prince Lectures by Carl Gottlieb Svarez with special consideration of the pursuit of happiness. Kovač, Hamburg 2000, ISBN 3-8300-0117-7 (series of publications on Legal Studies 62).
  • Bernd-Rüdiger Kern : Carl Gottlieb Svarez. The legislature of Prussia . In: Legal Training . Vol. 38 (1998) 12, pp. 1085-1087.
  • Gerd Kleinheyer: Carl Gottlieb Svarez . In: Gerd Kleinheyer, Jan Schröder (ed.): German and European lawyers from nine centuries . 4th edition. CF Müller Verlag, Heidelberg 1996, ISBN 3-8252-0578-9 , p. 413–417 (UTB für Wissenschaft 578) with a detailed list of recent literature (p. 417)
  • Peter Krause : Carl Gottlieb Svarez (1746–1798). Bourgeois state service in enlightened absolutism . In: The administration. 19: 277-304 (1986).
  • Milan Kuhli: Carl Gottlieb Svarez and the relationship between rule and law in enlightened absolutism. Vittorio Klostermann, Frankfurt am Main 2012, ISBN 978-3-465-04153-5 ( Studies on European Legal History 272).
  • Klaus-Peter Schroeder : Carl Gottlieb Svarez (1746–1789) - creator of the “general land law” for the Prussian states . In: the same: From the Sachsenspiegel to the Basic Law. A German legal history in life pictures. 2nd Edition. CH Beck, Munich 2011, ISBN 978-3-406-62020-1 .
  • Adolf Stölzel : Carl Gottlieb Svarez: A time picture from the second half of the eighteenth century. Franz Vahlen, Berlin 1885.
  • Hans Thieme : Carl Gottlieb Svarez from Schweidnitz (1746–1798). The "largest Prussian legislator" . Böhlau, Cologne 1967, pp. 158–163 (special print from: performance and fate ).
  • Karl Wippermann :  Svarez, Carl Gottlieb . In: Allgemeine Deutsche Biographie (ADB). Volume 37, Duncker & Humblot, Leipzig 1894, pp. 247-256.
  • Erik Wolf : Great legal thinkers in German intellectual history . 4th edition. Mohr, Siebeck 1963, ISBN 3-16-627812-5 , pp. 424-466.
  • Friedrich Ebert: Carl Gottlieb Svarez . In: Franz Gürtner (Ed.): 200 years of service to law. Commemorative publication on the occasion of the 200th anniversary of the founding of the Prussian Ministry of Justice . Decker, Berlin 1938, pp. 367-396.
  • Selected bibliographical references from the holdings of the academy library. Karl Gottlieb Svarez, lawyer. Writings by and about Svarez, overview of the Berlin-Brandenburg Academy of Sciences. Library of the Berlin-Brandenburg Academy of Sciences, Berlin 2002 (PDF; 38 kB).

Web links

Commons : Carl Gottlieb Svarez  - collection of images, videos and audio files

Individual evidence

  1. ↑ Gerd Kleinheyer (1986), p. 416.
  2. ↑ Märkische Oderzeitung / Frankfurter Stadtbote, April 21, 2006, p. 14
  3. ↑ https://www.berlin.de/ba-charlottenburg-wilmersdorf/ueber-den- Bezirk / freiflaechen / strassen / artikel.175414.php , accessed on June 24, 2018.
personal data
SURNAME Svarez, Carl Gottlieb
ALTERNATIVE NAMES Schwartz, Carl Gottlieb (maiden name)
BRIEF DESCRIPTION Prussian lawyer and judicial reformer
DATE OF BIRTH February 27, 1746
PLACE OF BIRTH Schweidnitz
DATE OF DEATH May 14, 1798
Place of death Berlin